The decision mandates an inspection and consideration of representations regarding proper waste disposal before imposing penalties.

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) Issue a writ of certiorari or any other appropriate writ or order and quash Ext. P5 notice;

(ii) Dispense with filing of the translation of vernacular documents;

(iii) Grant any other appropriate relief, which is prayed by the petitioner during the course of hearing which this Honourable Court may deem fit and proper in the facts and circumstances of the case.” (SIC)

2. The petitioner is conducting a business in Fish, Chicken etc., at Vyapar Bhavan Building at Alinchuvadu, Vennala is the submission. It is the case of the petitioner that he is doing the business for the last 23 years. The 3^rd respondent issued Ext.P5 notice to the petitioner to close down the shop within 48 hours.

Aggrieved by the same, this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner and the Standing Counsel appearing for the Corporation.

4. This Court perused Ext.P5 notice. Ext.P5 is issued by the Health Inspector of the Kochi Municipal Corporation. After inspection, the Health Inspector found that there is no proper waste disposal facility in the premises of the petitioner. According to the petitioner, the finding of the Health Inspector is not correct.

5. If that be the case, there can be a direction to the 2^nd respondent to inspect the premises of the petitioner, after giving notice to the petitioner and the petitioner can be allowed to submit a representation also before the 2^nd respondent. Thereafter, based on the inspection and representation, the 2^nd respondent can decide the matter and till then the interim order already passed can continue.

Therefore, this Writ Petition is disposed of with the following directions:

1. The petitioner is free to submit a representation before the 2^nd respondent, narrating the grievance raised in this writ petition, within two weeks from the date of receipt of a certified copy of this judgment.

2. Once such a representation is received, the 2^nd respondent will inspect the premises of the petitioner, within two weeks thereafter, after giving notice to the petitioner.

3. Based on the representation and inspection, the

2^nd respondent will decide the matter, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of six weeks from the date on which the inspection is over.

4. Till final orders are passed as directed above, further proceedings based on Ext.P5 shall be kept in abeyance.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj