Sameer.S.M vs Kannur Municipal Corporation
2026 Latest Caselaw 1781 Ker

Citation : 2026 Latest Caselaw 1781 Ker
Judgement Date : 18 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Sameer.S.M vs Kannur Municipal Corporation on 18 February, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C) No.6258 of 2026




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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

   WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947

                          WP(C) NO. 6258 OF 2026


PETITIONER(S):

              SAMEER.S.M
              AGED 46 YEARS, SAMEER MANZIL, VATTAPPOYIL,
              EACHUR.P.O., KANNUR DISTRICT, PIN - 670591

              BY ADVS.
              SMT.DAISY A.PHILIPOSE
              SRI.JAI GEORGE
              SHRI.DARSHAN A.D.
              SMT.DEBORAH THAMBI

RESPONDENT(S):

      1       KANNUR MUNICIPAL CORPORATION
              KANNUR MUNICIPAL CORPORATION OFFICE, THALAP P.O.,
              KANNUR DISTRICT. REPRESENTED BY ITS SECRETARY,
              PIN - 670002

      2       THE SENIOR ENVIRONMENTAL ENGINEER
              KANNUR DISTRICT OFFICE OF KERALA STATE POLLUTION
              CONTROL BOARD, 6 TH FLOOR, RUBCO HOUSE SOUTH BAZAR,
              KANNUR DISTRICT, PIN - 670002

      3       DR.K.P.MUSTHAFA
              MUMMY'S NEST, NEAR KIMS HOSPITAL, PAYYAMBALAM P.O.,
              KANNUR, PIN - 670001

      4       DINESAN.K.
              ANIZHAM, NEAR THALIKAVU, PADANAPALAM, THALIKAVU P.O.,
              KANNUR-, PIN - 670001

      5       PUSHPA PAVITHRAN
              PUSHPANJALI, S.N.PARK ROAD, KANNUR H.O., KANNUR
              DISTRICT, PIN - 670001
 W.P.(C) No.6258 of 2026




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      6       VINOD.M.K
              AMBIKALAYAM, THALIKAVU,THALIKAVU P.O., KANNUR
              DISTRICT, PIN - 670001

      7       C.K.VINODKRISHNAN
              CHALAKKARAN HOUSE, NEAR G.T.H SCHOOL, THALIKAVU,
              THALIKAVU P.O., KANNUR DISTRICT, PIN - 670001


BY ADV.:

              SMT M MEENA, SC, KANNUR CORPORATION
              SRI T NAVEEN, SC, PCB



          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.6258 of 2026




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                           P.V.KUNHIKRISHNAN, J.
                    ---------------------------------------------
                          W.P.(C) No.6258 of 2026
                ------------------------------------------------------
                 Dated this the 18th day of February, 2026


                                   JUDGMENT

The above writ petition is filed with the following

prayers:

"i. issue a writ of certiorari calling for the records relating to Exhibit-P15 and quash the same.

ii. issue a writ of mandamus directing the 2 nd respondent to grant consent to the petitioner, to establish the Sewage Treatment Plant as per Exhibit-P 13 Project report, expeditiously.

iii. issue a writ of mandamus directing the 2 nd respondent to consider Exhibit-P11 representation and hear the petitioner before taking further action on the basis of Exhibit-P10. iv. issue a writ of mandamus directing the 1st respondent to inspect the premises of the petitioner and the neighboring wells belonging to respondents 3 to 7 and to verify whether the petitioner had taken steps to clean the wells, before directing to close down the restaurant. v. Grant such other orders as this Hon'ble Court deems fit and proper in the nature and circumstances of the case. vi. To dispense with the filing of translations of documents in vernacular language." (SIC)

2. The petitioner challenged Ext.P15 order

passed by the Secretary to the 1st respondent Corporation.

2026:KER:14735

3. Admittedly, it is an appealable order.

Therefore, I am not inclined to entertain this writ petition.

At this stage, the counsel for the petitioner submitted that,

as per Ext.P15 order, there is a direction to close down a

running restaurant and a breathing time may be given to

the petitioner to file an appeal against the order. I think

that prayer can be allowed on condition that the petitioner

will continue to function the restaurant without creating

any pollution. The counsel also submitted that there may

be a direction to consider Ext.P14 by the 2 nd respondent. I

think, that prayer also can be allowed.

Therefore, this Writ Petition is disposed of with the

following directions:

1. The direction in Ext.P15 order to close

down the restaurant of the petitioner alone

shall be kept in abeyance for a period of

two weeks.

2. In the meanwhile, the petitioner can file

appropriate appeal and get an appropriate

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order from the appellate authority, in

accordance with law.

3. The 2nd respondent is directed to consider

Ext.P14 and do the needful in accordance

with law, forthwith.

Sd/-


                                               P.V.KUNHIKRISHNAN,
                                                      JUDGE
nvj

Judgment reserved               NA
Date of Judgment             18.02.2026
Judgment dictated            18.02.2026
Draft Judgment placed        18.02.2026
Final Judgment uploaded       19.02.2026






                                                      2026:KER:14735

APPENDIX OF WP(C) NO. 6258 OF 2026

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LICENSE NO.BFIF01- C130100-00630-2025 DATED 18/6/2025 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE CONSENT NO.KSPCB/KN/ICO/10106168/2025 DATED 18/6/2025 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE LICENSE NO.

11325013000517 DATED 11/7/2025 ISSUED TO THE PETITIONER BY THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Exhibit P4 A TRUE COPY OF THE LETTER NO.PCB/KNR/DO/CG/KNR/2033/2025 DATED 22/9/2025 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE NOTICE NO. 4227915- 2025 DATED 6/10/2025 ISSUED TO THE PETITIONER BY THE SENIOR PUBLIC HEALTH INSPECTOR OF 1ST RESPONDENT CORPORATION Exhibit P6 A TRUE COPY OF THE LETTER DATED 20/10/2025 SUBMITTED BY THE PETITIONER BEFORE THE SENIOR PUBLIC HEALTH INSPECTOR OF 1ST RESPONDENT CORPORATION Exhibit P7 A TRUE COPY OF THE LETTER NO.PCB/KNR/DO/CG/KNR/2033/2025 DATED 27/10/2025 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT Exhibit P8 . A TRUE COPY OF THE LETTER DATED 6/11/2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE LETTER DATED 23/1/2026 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P10 A TRUE COPY OF THE LETTER NO.PCB/KNR/DO/CG/KNR/2033/2025 DATED 3/2/2026 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT

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Exhibit P11 A TRUE COPY OF THE LETTER DATED 9/2/2026 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P12 A TRUE COPY OF THE CERTIFICATE DATED 4/6/2025 ISSUED TO THE PETITIONER BY THE CONTRACTOR AUTHORIZED BY KERALA WATER AUTHORITY Exhibit P13 A TRUE COPY OF THE PROJECT REPORT DATED 7.2.2026 ISSUED TO THE PETITIONER BY THE CONTRACTOR Exhibit P14 A TRUE COPY OF THE LETTER DATED 16/2/2026 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P15 A TRUE COPY OF THE ORDER NO.6744561 DATED 13/2/2026 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT CORPORATION