High CourtsDivision Bench(2021) 06 KL CK 0300

Babu Puthiyaparamban vs @Hash State Of Kerala

High Court Of Kerala · Decided on 21 June 2021

HON’BLE JUDGES
S.Manikumar, CJ · Shaji P.Chaly, J
RESULT
Dismissed
CASE NUMBER
Review Petition No. 1245 Of 2019

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Judgment

20 paragraphs · 360 words

S. Manikumar, CJ

1.

This review petition is filed by the petitioner to review the judgment of this Court in W.P.(C) No.18320 of 2019 dated 26.9.2019. The operative

portion of the judgment reads thus:

4.

Though Mr. P. Saju, learned counsel for the 7th respondent submitted that due to rivalry, a complaint has been made against him, which resulted in

revocation of the Trade Licence, we are not inclined to accept to the said contention for the reason that it open to 7th respondent to raise all tenable grounds

challenging revocation of licence before the appropriate forum under the Kerala Municipalities Act.

5.

In so far as the observation of the Executive Environmental Engineer, Pollution Control Board extracted supra, learned counsel for the 7th respondent

submitted that all those scraps and waste items kept in the subject site were accumulated for over a period of time and all of them do not belong to the 7th

respondent.

6.

A perusal of observation of Executive Environmental Engineer, Pollution Control Board extracted supra shows that large quantities of e-waste are still kept in

the location. He has reported that house holds cooking materials accumulated there may led to fire spread in the locality. E-waste and plastic waste thus

collected are to be disposed without any delay by the 7th respondent, whereas only 20% of the plastic and other waste are disposed, that too on receipt of notices

from the Board.

7.

In the event of the petitioner claiming any right on the waste, under the licence already granted, stored or accumulated in he subject site, liberty is given to

relocate in the permitted place within seven days from today, failing which Koothuparamba Municipality (respondent No.3) is directed to remove the e-waste,

plastic waste and other scraps kept at the subject site.â€​

2.

On this day when the matter came up for hearing, learned counsel for review petitioner, Sri.P.Saju, submitted that the scrap/waste belonging to him

has been removed and kept in his personal premises.

Placing on record the above, we are of the considered opinion that nothing survives to be adjudicated in the instant review petition. Therefore, the

review petition is dismissed.