Sunny @ P.K. Paulose vs The Kalamassery Municipality
2023 Latest Caselaw 5187 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                   WP(C) NO. 14219 OF 2023
PETITIONER/S:

          SUNNY @ P.K. PAULOSE,
          AGED 59 YEARS
          S/O. P.C. KURIAKOSE, AGED 59 YEARS, PULIKKAL
          HOUSE, KUZHIKKALA, THEVAKKAL, ERNAKULAM DISTRICT.,
          PIN - 682021
          BY ADVS.
          PAUL K.VARGHESE
          A.A.GEETHA

RESPONDENT/S:

    1    THE KALAMASSERY MUNICIPALITY,
         CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY, ERNAKULAM
         DISTRICT-682 033 REPRESENTED BY ITS SECRETARY.,
         PIN - 682033
    2    THE SECRETARY
         KALAMMASSERY MUNICIPALITY, CHANGAMPUZHA NAGAR,
         SOUTH KALAMASSERY, ERNAKULAM DISTRICT, PIN -
         682033
         BY ADV SHRI.M.K.ABOOBACKER,SC KALAMASSERY
         MUNCIPALITY


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.04.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.14219 of 2023      :2:




                           VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C). No.14219 of 2023
         --     -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 18th day of April, 2023

                             JUDGMENT

The petitioner has approached this Court seeking a direction

to the 2nd respondent to consider and pass orders on Ext.P10

explanation submitted by the petitioner and in the meanwhile, for

stopping all further proceedings based on Ext.P9 notice.

2. Heard the learned Standing Counsel for the respondent

Municipality, who upon instructions submitted that appropriate

decision on Ext.P10 will be taken within a shortest possible time.

Therefore, the above writ petition is disposed of with a

direction to the 2nd respondent to consider and pass orders on

Ext.P10, within a period of one month from the date of receipt of a

copy of this judgment, after affording an opportunity of being

heard to the petitioner as well as any other complainants. Till a

decision is taken as directed above, all further proceedings

pursuant to Ext.P9 shall be kept in abeyance.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 14219/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CONSENT/PERMISSION 2 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, KADAVANTHRA TO THE PETITIONER DATED 5.2.2015 Exhibit P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE KALAMASSERY TO THE PETITIONER TOWARDS THE LICENSE FEE FOR CONDUCTING A POULTRY FARM DATED 25.2.2013 Exhibit P3 A TRUE COPY OF THE LICENSE FEE RECEIPT ISSUED BY THE RESPONDENT MUNICIPALITY TO THE PETITIONER DATED 18.3.2015 Exhibit P4 A TRUE COPY OF THE LICENSE FEE RECEIPT ISSUED BY THE KALAMASSERY MUNICIPALITY TO THE PETITIONER DATED 11.3.2020 Exhibit P5 A TRUE COPY OF THE LICENSE FEE RECEIPT ISSUED BY THE KALAMASSERY MUNICIPALITY TO THE PETITIONER DATED 31.3.2021 Exhibit P6 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENSE SUBMITTED BY THE PETITIONER BEFORE THE KALAMASSERY MUNICIPALITY DATED 30.3.2023 Exhibit P7 A TRUE COPY OF THE RELEVANT PAGE OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE KERALA POLLUTION CONTROL BOARD FOR RENEWING THE LICENSE TO CONDUCT A POULTRY FARM DATED NIL Exhibit P8 A TRUE COPY OF THE RECEIPT ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 12.4.2023 Exhibit P9 A TRUE COPY OF THE NOTICE ISSUED BY THE 2 ND RESPONDENT TO THE PETITIONER DATED 13.3.2023 Exhibit P10 A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT MUNICIPALITY DATED 13.4.2023