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Kerala High Court
M. Mahshook Rahman vs The Secretary on 23 February, 2026
2026:KER:16106
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
WP(C) NO. 27292 OF 2023
PETITIONER:
M. MAHSHOOK RAHMAN,
AGED 65 YEARS, S/O. LATE MUHAMMED SALI,
EVRA-122, ELANCHIMOODU LANE, EDAPAZHANJI,
THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014.
BY ADV.
SRI.LATHEESH SEBASTIAN
RESPONDENTS:
1 THE SECRETARY,
CORPORATION OF THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM, PIN - 695033.
2 THE CHIEF TOWN PLANNER (VIGILANCE),
LOCAL SELF GOVERNMENT DEPARTMENT, SWARAJ BHAVAN,
NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003.
3 THE HEALTH OFFICER,
CORPORATION OF THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM, PIN - 695033.
4 KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PLAMOOD JUNCTION,
PATTOM P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695004.
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5 CHIEF ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
PLAMOOD JUNCTION, PATTOM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695004.
6 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, PLAMOOD JUNCTION, PATTOM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695004.
7 THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM, PIN - 695001.
8 THE CIRCLE INSPECTOR OF POLICE,
MUSEUM POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695014.
9 THE DISTRICT MEDICAL OFFICER,
GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, PIN - 695035.
10 D.V.RAJESWARY,
W/O. RAVEENDRAN NAIR,
RDR AUDITORIUM, EDAPAZHANJI, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014.
11 R.R. RARITH,
S/O RAVEENDRAN NAIR,
RDR AUDITORIUM, EDAPAZHANJI, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014.
12 R.R.RASHMI,
D/O RAVEENDRAN NAIR,
RDR AUDITORIUM, EDAPAZHANJI, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014.
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W.P.(C) No.27292 of 2023
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BY ADVS.
SRI.SUMAN CHAKRAVARTHY
SRI.T.NAVEEN
SRI.M.R.ANANDAKUTTAN
SMT.M.HEMALATHA
SRI.MAHESH ANANDAKUTTAN
SMT.M.J.SAJITHA
SMT.SYLAJA S.L., GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Heard Sri.Latheesh Sebastian, the learned counsel for the
petitioner, Smt.M.Hemalatha, the learned counsel for the party
respondents, as well as Sri.Suman Chakravarthy, the learned
Standing Counsel for the Corporation of Thiruvananthapuram.
2. The learned counsel state that the issue has been
settled out of Court.
In the view of the afore, this writ petition would stand closed
as infructuous.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2026:KER:16106
APPENDIX OF WP(C) NO. 27292 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BUILDING PERMIT OF THE
1ST RESPONDENT DATED 05.09.2003 ISSUED IN
FAVOUR OF THE WIFE OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE ORDER OF THE LOCAL SELF
GOVERNMENT DEPARTMENT DATED 15.01.2004.
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT DATED
17.03.2004 ISSUED BY 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE CONSENT ISSUED BY THE
FIRE AND SAFETY OFFICE,
THIRUVANANTHAPURAM DATED 20.06.2006.
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED
04.05.2009 SUBMITTED BEFORE HEALTH
OFFICER OF THE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER, SASTHAMANGALAM TO THE REVENUE
DIVISIONAL OFFICER, THIRUVANANTHAPURAM
DATED 16.11.2010.
Exhibit P7 TRUE COPY OF THE NOTICE OF THE TOWN
PLANNING OFFICER OF 1ST RESPONDENT TO THE
ORIGINAL LICENSEE DATED 24.01.2011.
Exhibit P8 TRUE COPY OF THE REPORT OF THE JUNIOR
HEALTH INSPECTOR OF THE 1ST RESPONDENT
DATED 23.01.2011.
Exhibit P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 01.02.2016 IN W.P(C) NO
34654/2015.
Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P(C) NO. 15458 OF 2020 DATED
23.09.2020.
Exhibit P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P.(C) NO. 15472/2020 DATED
13.08.2020.
Exhibit P12 TRUE COPY OF THE ORDER OF THE 6TH
RESPONDENT DATED 19.11.2020.
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Exhibit P13 TRUE COPY OF THE REQUEST OF THE
PETITIONER DATED 07.02.2021 SUBMITTED
BEFORE THE 1ST RESPONDENT.
Exhibit P14 TRUE COPY OF THE PROCEEDINGS BY THE 7TH
RESPONDENT.
Exhibit P15 TRUE COPY OF THE FINDINGS AND
RECOMMENDATION OF THE 2ND RESPONDENT
DATED 28.03.2022.
Exhibit P16 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER SUBMITTED TO THE 1ST
RESPONDENT ON 27.04.2022.
Exhibit P17 TRUE COPYOF THE REPRESENTATION WAS
SUBMITTED TO THE 6TH RESPONDENT ON
27.04.2022.
Exhibit P18 TRUE COPY OF THE ORDER OF THE HON'BLE
TRIBUNAL IN APPEAL NO. 305/2020 AS PER
ORDER DATED 03.08.2020.
Exhibit P19 TRUE COPY OF THE REPORT OF THE 5TH
RESPONDENT DATED 30.04.2021.
RESPONDENTS' ANNEXURES
Annexure R6(a) TRUE COPY OF THE CONSENT TO OPERATE NO.
PCB/TVM-DO/ICO/AUD/468/2015 DATED 13-10-
2015 ISSUED BY THE POLLUTION CONTROL
BOARD.
Annexure R6(b) TRUE COPY OF THE INSPECTION REPORT
30-4-2021 OF THE INSPECTION CONDUCTED ON
4-3-2021.
Annexure R6(c) TRUE COPY OF THE REPORT OF THE JOINT
INSPECTION CONDUCTED ON 2-9-2021.
Annexure R6(d) TRUE COPY OF THE LETTER NO.
PCB/RO/THIRUVANANTHAPURAM TALUK/COM/GEN
/2017 DATED 9-9-2021 ISSUED BY THE
POLLUTION CONTROL BOARD.
Annexure R6(e) TRUE COPY OF THE COMMUNICATION NO.
PCB/TVM-DO/LEGAL (OBDN)/11/2009 (VOL.IV)
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DATED 26-10-2023 ISSUED BY THE POLLUTION
CONTROL BOARD.
Annexure R6(f) TRUE COPY OF THE LETTER NO. PCB/TVM
DO/LEGAL (OBDN)/11/2009 (VOL.IV) (2)
DATED 26-10-2023 ISSUED BY THE POLLUTION
CONTROL BOARD TO THE PETITIONER.
Annexure R6(g) TRUE COPY OF THE CONSENT TO OPERATE NO.
PCB/TVM-DO/TMC/ICO(R)/AUD/73/2022 DATED
11-11-2022 ISSUED BY THE POLLUTION
CONTROL BOARD.
