Kerala High Court
Asok Kumar A vs State Of Kerala on 13 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:41919
WP(C) NO. 21725 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
WP(C) NO. 21725 OF 2025
PETITIONER:
ASOK KUMAR A
AGED 67 YEARS
S/O APPUKUTTAN, RESIDING AT SHAJI BHAVAN, PANAYARA
MURI, KURISSADI JUNCTION, NALANCHIRA P. O.,
THIRUVANANTHAPURAM, KERALA,, PIN - 695015
BY ADVS.
SHRI.ARUN SAMUEL
SRI.JITHIN BABU A
SHRI.ANOOD JALAL K.J.
SMT.JESNA MALCOM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELG GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, KERALA,,
PIN - 695001
2 CORPORATION OF THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, MUNICIPAL
CORPORATION OF THIRUVANANTHAPURAM, OPPOSITE
MUSEUM, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM,
KERALA,, PIN - 695033
3 THE SECRETARY
CORPORATION OF THIRUVANANTHAPURAM, OPPOSITE
MUSEUM, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM,
KERALA,, PIN - 695033
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WP(C) NO. 21725 OF 2025
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4 THE MUNICIPAL COUNCIL
CORPORATION OF THIRUVANANTHAPURAM, OPPOSITE
MUSEUM, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM,
KERALA,, PIN - 695033
5 THE ASSISTANT ENGINEER
LOCAL SELF GOVERNMENT SECTION, CORPORATION OF
THIRUVANANTHAPURAM, KUDAPPANAKUNNU ZONAL OFFICE,
KUDAPPANAKUNNU P. O., THIRUVANANTHAPURAM, KERALA,,
PIN - 695043
6 HEALTH INSPECTOR
CORPORATION OF THIRUVANANTHAPURAM, KUDAPPANAKUNNU
ZONAL OFFICE, KUDAPPANAKUNNU P. O.,
THIRUVANANTHAPURAM, KERALA,, PIN - 695043
7 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS SECRETARY, PATTOM P. O.,
THIRUVANANTHAPURAM, KERALA,, PIN - 695004
8 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, TC 12/96
(4,5), PLAMOODU, PATTOM P. O., THIRUVANANTHAPURAM,
KERALA,, PIN - 695004
9 VINAYA CHANDRAN
AGED 65 YEARS
S/O NOT KNOWN, RESIDING AT CHANDRASAILAM,
THEARIKKAL LANE, MADATHUNADA, MUKKOLA P. O.,
THIRUVANANTHAPURAM, KERALA,, PIN - 695015
0 VINISHA CHANDRAN
AGED 38 YEARS
D/O VINAYA CHANDRAN, RESIDING AT CHANDRASAILAM,
THEARIKKAL LANE, MADATHUNADA, MUKKOLA P. O.,
THIRUVANANTHAPURAM, KERALA,, PIN - 695015
SR GP SMT VIDYA KURIAKOSE SC SRI T NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 21725 OF 2025
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Dated this the 13th day of June, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the
4th respondent to consider Ext.P10 appeal and Ext.P11
stay petition, expeditiously.
2. Aggrieved by Ext.P9 license granted by the
2nd respondent in favour of the 10th respondent, the
petitioner has preferred Ext.P10 appeal along with
Ext.P11 stay petition before the 4th respondent on
10.6.2024. The petitioner is apprehensive that the 10 th
respondent may commence his business during the
pendency of the appeal. Therefore, Exts.P10 and P11
may be directed to be disposed of immediately.
3. Heard; the learned counsel for the petitioner,
the learned Government Pleader, the learned Standing
Counsel for the respondents 2 to 6 and the Standing
Counsel for the respondents 7 and 8. In view of the
limited relief that I propose to pass, I dispense with
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WP(C) NO. 21725 OF 2025
notice to the respondents 9 and 10.
4. On a consideration of the facts and materials
on record, especially that Ext.P11 stay petition is
pending consideration in Ext.P10 appeal before the 4 th
respondent, I direct the 4th respondent to consider and
dispose of Ext.P11 stay petition, in accordance with law
and as expeditiously as possible, at any rate, within a
period of two weeks from the date the respondents 9
and 10 enter appearance before the 4 th respondent. It
would be up to the petitioner to see that notice on the
respondents 9 and 10 is served by special messenger
through the 4th respondent.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm13/6/2025
2025:KER:41919
WP(C) NO. 21725 OF 2025
APPENDIX OF WP(C) 21725/2025
PETITIONER EXHIBITS
Exhibit P1. A TRUE COPY OF THE COMPLAINT DATED
04/01/2025 SUBMITTED BY THE PETITIONER
BEFORE THE KUDAPPANAKUNNU ZONAL OFFICE
OF THE 2ND RESPONDENT
Exhibit P2. A TRUE COPY OF THE STOP MEMO DATED
04/01/2025 ISSUED BY THE SUPERINTENDING
ENGINEER OF THE 2ND RESPONDENT TO
RESPONDENTS 9 AND 10
Exhibit P3. A TRUE COPY OF THE COMPLAINT DATED
29/01/2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P4. A TRUE COPY OF THE COMPLAINT DATED
30/01/2025 SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT
Exhibit P5. A TRUE COPY OF THE ORDER DATED
30/01/2025 PASSED BY THE ADDITIONAL
MUNSIFF'S COURT (RENT CONTROL COURT),
THIRUVANANTHAPURAM IN I. A. NO. 1/2025
Exhibit P6. A TRUE COPY OF THE LETTER DATED
12/02/2025 ISSUED BY THE 5TH RESPONDENT
TO RESPONDENTS 9 AND 10
Exhibit P7. A TRUE COPY OF THE PROVISIONAL NOTICE
DATED 04/03/2025 ISSUED BY THE 3RD
RESPONDENT TO RESPONDENTS 9 AND 10 UNDER
SECTION 406 OF THE KERALA MUNICIPALITY
ACT, 1994
Exhibit P8. A TRUE COPY OF THE REPORT SUBMITTED BY
THE ADVOCATE COMMISSIONER IN THE SUIT
BEFORE THE TRIAL COURT
Exhibit P9. A TRUE COPY OF THE LICENSE GRANTED BY
THE 2ND RESPONDENT TO THE 10TH
RESPONDENT UNDER SECTION 447 OF THE
KERALA MUNICIPALITY ACT, 1994
Exhibit P10. A TRUE COPY OF THE APPEAL DATED
10/06/2025 PREFERRED BY THE PETITIONER
AND HIS BROTHER BEFORE THE 4TH
RESPONDENT UNDER SECTION 509 OF THE
KERALA MUNICIPALITY ACT, 1994
Exhibit P11. A TRUE COPY OF THE APPLICATION DATED
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WP(C) NO. 21725 OF 2025
10/06/2025 FOR STAY OF EXT. P9 FILED
ALONG WITH EXT. P10 BY THE PETITIONER
AND HIS BROTHER BEFORE THE 4TH
RESPONDENT
Exhibit P12. A TRUE COPY OF THE ACKNOWLEDGEMENT AS
REGARDS EXTS. P10 AND P11 ISSUED BY THE
2ND RESPONDENT
