K.L.Bernard Raj vs Corporation Of ...
2023 Latest Caselaw 9817 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                        WP(C) NO. 29815 OF 2023
PETITIONER :


          K.L.BERNARD, RAJAGED 67 YEARS,
          SON OF LAWRENCE, RAGAM, TC NO. 15/609,
          UDARASIROMONI ROAD, SASTHAMANGALAM P.O,
          THIRUVANANTHAPURAM, PIN - 695 010

          BY ADVS.
          N.KRISHNA PRASAD
          P.SHANES METHAR


RESPONDENTS :


    1     CORPORATION OF THIRUVANANTHAPURAM,
          REPRESENTED BY ITS SECRETARY, PALAYAM,
          VIKAS BHAVAN POST, THIRUVANANTHAPURAM,
          PIN - 695 033

    2     THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM,
          PALAYAM, VIKAS BHAVAN POST,
          THIRUVANANTHAPURAM, PIN - 695 033

    3     THE STANDING COMMITTEE FOR HEALTHREPRESENTED BY ITS
          CONVENOR, CORPORATION OF THIRUVANANTHAPURAM,
          PALAYAM, VIKAS BHAVAN POST, THIRUVANANTHAPURAM,
          PIN - 695 033

    4     HEMA EDWINTC 15/212(2), VAZHUTHACADU,
          THIRUVANANTHAPURAM, PIN - 695 014



          BY ADV SUMAN CHAKRAVARTHY, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29815 OF 2023
                                     2




                       BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                       W.P.(C) No.29815 of 2023
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
               Dated this the 13th day of September, 2023


                                JUDGMENT

Petitioner alleges that on the basis of a complaint filed by him

pointing out the nuisance arising out of a commercial kitchen being

conducted by the 4th respondent, the 2nd respondent issued two show

cause notices as on 08.12.2022 and again on 09.05.2023. However,

after the said notices, the proceedings have come to a halt as no action

has been initiated thereafter and the nuisance remains unabated.

2. Sri.Suman Chakravarthy, the learned Standing Counsel for

respondents 1 to 3 took notice. Considering the nature of order that I

propose to issue, notice to R4 is dispensed with.

3. Since the 2nd respondent had already issued Ext.P4 and Ext.P5

notices calling upon the 4th respondent to abate the alleged nuisance, it is

necessary that the proceedings be completed in a time bound manner

after hearing the petitioner as well as the 4th respondent.

4. In the above circumstances, there will be a direction to the 2 nd

respondent to conclude the proceedings initiated as per Ext.P4 and Ext.P5

(File No.H12/58731/2022) after hearing the petitioner as well as the 4 th

respondent, as expeditiously as possible, at any rate, within a period of WP(C) NO. 29815 OF 2023

thirty days from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 29815 OF 2023

APPENDIX OF WP(C) 29815/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE NOTICE DATED 22.9.2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 23.7.2022 ISSUED BY THE ENVIRONMENTAL ENGINEER OF THE BOARD TO THE SECOND RESPONDENT

Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE CORPORATION DATED 27.10.2022

Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 8.12.2022

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 9.5.2023 ISSUED TO THE 4TH RESPONDENT

Exhibit P6 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 5.6.2023 BEFORE THE DEPUTY MAYOR, CORPORATION OF THIRUVANANTHAPURAM