Kerala High Court
M Radhakrishnan Nair vs Secretary on 16 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 35890 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 35890 OF 2025
PETITIONER/S:
M RADHAKRISHNAN NAIR
AGED 72 YEARS
S/O K MADHAVA PANICKER, RESIDING AT KOYIKAL
PUTHENPURA, GOVINDAPURAM KARA, MUTTAMBALAM VILLAGE,
CHUNGAM, KOTTAYAM DISTRICT, PIN - 686001
BY ADVS.
SHRI.M.DINESH
SHRI.SURESH KUMAR C.G.
RESPONDENT/S:
1 SECRETARY
KOTTAYAM MUNICIPALITY, KOTTAYAM, PIN - 686001
2 ENVIRONMENTAL ENGINEER
DISTRICT OFFICE, KERALA POLLUTION CONTROL BOARD, NEAR
CMS COLLEGE, KOTTAYAM, PIN - 686001
3 SHIJU BABY
S/O. M.M. BABY, MADATHIL PARAMBIL HOUSE, PERUMBAIKADU
VILLAGE, MALLOSSERY (P.O.), KOTTAYAM, PROPRIETOR OF
MANNA TASTE COLD STORAGE, CHUNGAL, KOTTAYAM, PIN -
WP(C) NO. 35890 OF 2025 2
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686001
4 JOBY CHERIYAN
PLAKKITHOTTIYIL VEEDU, PUNNATHARA WEST (P O),
ETTUMANOOR, KOTTAYAM DISTRICT, PROPRIETOR, MANNA
TASTE COLD STORAGE, CHUNGAL KOTTAYAM, PIN - 686001
BY ADV SRI.AJIT JOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35890 OF 2025 3
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P.V.KUNHIKRISHNAN, J
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WP (C) No. 35890 of 2025
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Dated this the 16th day of October, 2025
JUDGMENT
The above writ petition is filed with following prayers :
i) "Issue a writ of mandamus or any other appropriate
writ, direction or order, directing the 1st respondent to close
down the slaughter house and cold storage (Manna Taste Cold
Storage) conducted by the 4th respondent immediately on the
basis of Exhibits-P1 and P8 Judgments;
ii) Issue a writ of mandamus or any other appropriate
writ, direction or order, directing the 1st respondent to cancel
the Exhibit-P9 licence issued in favour of 4th respondent;
iii) Issue a writ of mandamus or any other appropriate
writ, direction or order, directing the 2nd respondent to cancel
the Exhibit-P11 'consent to operate' issued in favour of 4th
respondent since it was obtained by suppressing material facts;
iv) Issue appropriate writ, order or direction to the 1st
respondent to place Exhibit-P14 before the Municipal Council,
Kottayam and direct to dispose Exhibit-P14 within one month;
v) Considering the exigencies and necessity for urgent
consideration of the grievance voiced in this Writ Petition (C),
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production of English translations of documents in vernacular,
may kindly be dispensed with for the time being; And
vi) Grant such other and further reliefs as this Hon'ble
Court deems fit and proper in the circumstances of this case."
[sic]
2. The main prayer in this writ petition is to close
down a slaughter house conducted by the 4th respondent. When
this writ petition came up for consideration, the learned counsel
for the petitioner submitted that the petitioner will be satisfied
if a direction is issued to consider Ext.P14.
3. Heard the learned Standing Counsel appearing
for the 1st respondent also. The manner in which this writ
petition is going to be disposed of, no notice is necessary to
respondent Nos. 3 and 4. If they are aggrieved by any of the
directions issued by this Court, they are free to file a review
petition before this Court.
4. After hearing the petitioner and the Standing
Counsel appearing for the Panchayat, I think there can be a
direction to consider Ext.P14, with notice to the petitioner and
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other affected parties, within a time frame.
Therefore, this writ petition is disposed of with the
following directions :
1) The 1st respondent will place Ext.P14 appeal before the
Municipal Council of Kottayam Municipality within two
weeks from the date of receipt of a certified copy of this
judgment.
2) The Municipal Council will consider Ext.P14 and pass
appropriate orders in it, after giving an opportunity of
hearing to the petitioner and respondent Nos. 3 and 4, as
expeditiously as possible, at any rate, within two weeks
from the date of receipt of the appeal.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 16/10/25
Judgment dictated 16/10/25
Draft judgment placed 18/10/25
Final judgment uploaded 18/10/25
2025:KER:77739
APPENDIX OF WP(C) 35890/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN O.S.
NO.648/2016 ON THE FILE OF ADDITIONAL
MUNSIFF'S COURT, KOTTAYAM DATED 12.2.2019
Exhibit P2 TRUE COPY OF THE LETTER NO.PCB/KTM/E-
191/06/RTI-79/2018 DATED 20.8.2018 ISSUED
TO THE PETITIONER BY THE INFORMATION
OFFICER OF THE KERALA STATE POLLUTION
CONTROL BOARD
Exhibit P3 TRUE COPY OF THE COMMISSION REPORT IN O.S.
NO.648/2016 ON THE FILE OF ADDITIONAL
MUNSIFF'S COURT, KOTTAYAM ALONG WITH SKETCH
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY
PETITIONER BEFORE THE 1ST RESPONDENT DATED
1.12.2019
Exhibit P5 TRUE COPY OF THE RECEIPT NO.29295 DATED
2.12.2019 ISSUED TO THE PETITIONER BY 1ST
RESPONDENT FOR EXHIBIT-P4
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 12.12.2019
IN W.P.(C) NO.33925/2019 OF THE HON'BLE
HIGH COURT OF KERALA
Exhibit P7 TRUE COPY OF THE ORDER NO.H2-6410/18 DATED
3.2.2020 PASSED BY THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C)
NO.4497/2020 AND CONT.CASE (C) NO.1205/2020
DATED 13.10.2020 OF THE HON'BLE HIGH COURT
OF KERALA
Exhibit P9 TRUE COPY OF THE CERTIFICATE OF IFTE & OS
LICENCE NO.BFIF01-M050400-00657-2024 DATED
NIL ISSUED BY THE 1ST RESPONDENT IN FAVOUR
OF THE 4TH RESPONDENT
Exhibit P10 TRUE COPY OF THE ‘INTEGRATED CONSENT
TO OPERATE' (FILE
NO.KSPCB/KT/ICO/10080274/2024) ISSUED BY
7.9.2024 TO THE 4TH RESPONDENT'S FIRM M/S
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MANNA TASTE COLD STORAGE
Exhibit P11 TRUE COPY OF THE RENT DEED IN FAVOUR OF THE
4TH RESPONDENT WITH RESPECT TO BUILDING
NO.49/472(A) DATED 22.8.2024
Exhibit P12 TRUE COPY OF THE NO OBJECTION/CONSENT
AFFIDAVIT OF THE 3RD RESPONDENT DATED
21.8.2024
Exhibit P13 TRUE COPY OF THE ORDER NO.2502946-2024
DATED 25.4.2025 ISSUED BY 1ST RESPONDENT ON
THE BASIS OF THE COMPLAINT OF THE
PETITIONER
Exhibit P14 TRUE COPY OF THE APPEAL FILED UNDER SECTION
509(1) OF THE KERALA MUNICIPALITY ACT R/W
24 OF THE KERALA MUNICIPALITY (ISSUE OF
LICENCE TO DANGEROUS AND OFFENSIVE TRADES
AND FACTORIES) RULES 2011 DATED 31.5.2025
