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Rafi.P.L vs Thrissur Corporation on 7 June, 2010

Kerala High Court
Rafi.P.L vs Thrissur Corporation on 7 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 849 of 2010()


1. RAFI.P.L, S/O.LONAPPAN,
                      ...  Petitioner

                        Vs



1. THRISSUR CORPORATION,
                       ...       Respondent

2. THRISSUR CORPORATION COUNCIL,

3. THE MAYOR, THRISSUR CORPORATION.

4. HEALTH OFFICER,

5. C.V.JOSE, S/O.VAREETH,

                For Petitioner  :SRI.DINESH MATHEW J.MURICKEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :07/06/2010

 O R D E R
    C.N.Ramachandran Nair & P.S.Gopinathan, JJ.
   ============================================
                  W.A.No.849/2010
   ============================================
        Dated this the 7th day of June, 2010.


                     JUDGMENT

Ramachandran Nair, J.

1.Writ appeal is filed against the judgment of the

learned single Judge permitting the appellant to

continue business in Shop No.14 where he has got

a licence from the Thrissur Corporation to carry

out business of re-packing of soap and other

items for supply to Kudumbasree. However,

Corporation has not permitted the appellant to do

any business in Shop Nos.12 and 13, where,

according to the Corporation, appellant is

engaged in manufacturing and mixing of soap and

other items causing pollution to the neighbours.

Standing counsel for the Corporation submitted

that without Pollution Control Board’s clearance,

WA849/2010 -:2:-

the appellant cannot be granted licence for those

two shops. He contended that Pollution Control

Board not only did not grant licence but has

issued prohibitory orders against functioning.

There is also controversy as to whether appellant

has submitted application before the Corporation

for licence for carrying on business in the two

shop rooms, 12 and 13.

2.If the appellant is engaged in manufacturing or

mixing of chemicals, soap etc. in the two shop

rooms, 12 and 13, then, certainly, appellant has

to get clearance from the Pollution Control Board

before even applying for licence from the

Corporation. Writ appeal is accordingly disposed

of modifying the judgment with a direction to the

Corporation to consider the application for

licence for carrying on business in Shop Nos.12

and 13 after the appellant files fresh

WA849/2010 -:3:-

application along with pollution clearance from

the Pollution Control Board. The Corporation

should dispose of the application within a

period of one month from the date of receipt of a

copy of this judgment. In between, the appellant

shall not do any activity in connection with

manufacturing or mixing in Shop Nos.12 and 13.

In case of violation, the Corporation shall take

appropriate action.

C.N.Ramachandran Nair, Judge.

P.S.Gopinathan, Judge.

sl.

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