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,
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
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
C.N.Ramachandran Nair, Judge.