SHIJU T.K. Vs. NORTH PARAVUR MUNICIPALITY

JUDGEMENT

(1.) These two writ petitions have been heard together on account of the similarity of the factual circumstances presented and because the prayers sought for in them are inter-dependent.

(2.) While W.P.(C) No.15848/19 has been filed by Sri.M.D.Joseph asserting that Exts.P11 and P11(a) proceedings issued by the Secretary of the North Paravoor Municipality, as per which, his application for Trade Licence to run a lime kiln in his property has been rejected solely for the reason that there are complaints from residents of the neighbourhood, are illegal and unlawful; W.P.(C) No.13813/2018 has been filed by Sri.Shiju.T.K. and others, who are stated to be residents of the locality, against the lime kiln being operated by Sri.M.D.Joseph on the ground that it causes horrendous pollution and detrimentally affects the health of all the persons residing in the locality irreparably.

(3.) Sri.M.Ramesh Chander, the learned senior counsel assisted by Sri.Balu Tom Cheruvally, appearing for Sri.M.D.Joseph began his submissions by saying that, in fact, no further orders may be required in W.P.(C) No.15848/19 because, pending this lis, the Single Window Clearance Board has issued Ext.P16 order granting his client a deemed Trade Licence and asserts therefore, that he is now entitled to operate the lime kiln in terms of the conditions therein. The learned senior counsel says that he is, therefore, confining his plea that the respondents in the said writ petition be directed not to cause any illegal interdiction and obstructions to the activities now being carried on by his client legally in his property.