IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 8^TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WP(C) NO. 5081 OF 2024 PETITIONER/S:

ABDUL NASAR AGED 57 YEARS S/O HASSAN KIZHATH KANDI, KUNNATHUNADU , ARAKKILAD, PUTHUR, VATAKARA,, PIN - 673104 BY ADV K.REEHA KHADER RESPONDENTS:

1 VATAKARA MUNCIPALITY PERINGADI VAYALIL, VATAKARA , KERALA, PIN - 673101

2 THE SECRETARY, VATAKARA MUNCIPALITY PERINGADI VAYALIL, VATAKARA , KERALA, PIN - 673101

3 HEALTH SUPERVISOR, VATAKARA MUNCIPALITY PERINGADI VAYALIL, VATAKARA , KERALA, PIN – 673101 BY G.P. SMT.AMMINIKUTTY BY SRI. T.NAVEEN – SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Dated this the 8^th day of February, 2024

JUDGMENT

The petitioner is running two hotels by name “Chaya Peediya” and “Mani Peediya and Palooda Peediya” near the bus stand within the jurisdiction of the 1^st respondent Municipality. The petitioner is aggrieved by Ext.P4 notice issued to the petitioner to close down these shops stating that the petitioner is discharging waste into the public drainage.

2. Heard the learned counsel for the petitioner and Sri.T.Naveen, the learned Standing Counsel for respondents.

The learned counsel for the petitioner submits that the petitioner is not discharging any waste to the public drainage and has also submitted a reply to Ext.P4 stating these facts. However, without considering the reply to Ext.P4, the petitioner has been asked to close down the shops.

In the facts and circumstances of the case, there will be a direction to the 2^nd respondent to consider the reply submitted by the petitioner to Ext.P4 notice and take a final decision in the matter within a period of two weeks from the date of receipt of a copy of this judgment, with notice to the petitioner. Till such time a decision is taken on Ext.P4 notice, there shall not be any coercive steps against the petitioner. This is on condition that the petitioner will not discharge any waste to the public drainage.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.08.02.2024.

APPENDIX OF WP(C) 5081/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE FROM THE DEPARTMENT OF INDUSTRIES AND COMMERCE OF THE GOVT OF KERALA DATED 04-10-2023 Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE COMMISSIONERATE OF FOOD SAFETY, KERALA DATED 27-10-2023 Exhibit P3 A TRUE COPY OF THE LICENSE ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY, KERALA DATED 11-11-2023 Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 02-02-2024