IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16490 of 2010(I)
1. M/S. ALLIED HOSPITALS PVT. LTD.,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE KUNNAMKULAM MUNICIPALITY,
3. THE KERALA STATE POLLUTION C0NTROL
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :30/07/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 16490 of 2010-I
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Dated this the 30th day of July, 2010.
JUDGMENT
The petitioner herein, viz. M/s. Allied Hospitals Pvt. Ltd.,
Kunnamkulam, is aggrieved by the delay on the part of the Pollution
Control Board in considering Exts.P1 and P2 application for renewal of the
consent. Ext.P1 is the application dated 26.3.2007 and Ext.P2 is the
covering letter dated 30.3.2007. The petitioner received Ext.P5
communication from the second respondent stating that since the requisite
sanction is yet to be obtained from the Pollution Control Board the licence
will not be renewed and hence the hospital has to be closed down. In these
circumstances, the petitioner filed this writ petition, as the hospital with the
patients, cannot be closed down.
2. This Court passed a detailed interim order on 28.5.2010.
3. Learned Standing counsel for the Pollution Control Board
submitted that Exts.P1 and P2 applications will be considered in accordance
with the rules and a decision will be communicated as expeditiously as
possible. The same will be produced by the petitioner before the
wpc 16490/2010 2
Municipality for getting the renewal of licence.
The writ petition is disposed of recording the above submission. The
interim order passed by this Court will continue till the Pollution Control
Board passes fresh orders. After producing the consent, the petitioner can
move the Municipality to modify Exts.P4 and P5, on which the Municipality
will pass appropriate orders. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/