Shaji T. S. vs Enviornmental Engineer Kerala State Pollution Control Board, District Office, Pathanamthitta

C. S. Dias, J

The petitioner has averred that he had started a retail sales counter for fresh fish at Kottachantha in Aranmula Grama Panchayat. The petitioner

had approached the 3rd respondent as per the guidelines of the Health Department and made all the necessary arrangements for sanitary and

environmental protection.

The 3rd respondent inspected the premises and issued Ext.P1 sanitary fitness certificate and the 2nd respondent issued Ext.P2 cash receipt for the

trade licence. An officer of the 1st respondent conducted an enquiry and told that he received a complaint regarding the petitioner's business. The

officer directed the petitioner to install an additional tray to collect the wet water from the fish tray and to concrete the floor of the premises. On

10.2.2021, the petitioner received Ext.P4 stop memo from the 1st respondent stating that there was some certain irregularities in the functioning of the

petitioner's business. The petitioner has submitted Ext.P5 objection to Ext.P4 letter. The petitioner seeks for a direction to the 1st respondent to

consider his objection and finalise Ext.P4 proceedings.

Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for respondents 1 & 4, the learned Government

Pleader appearing for respondents 3 & 5 and the learned counsel appearing for the 6th respondent.

After considering the averments in the writ petition and the materials on record and hearing the respective counsel for the parties, I am of the

considered opinion that the 1st respondent has to finalise Ext.P4 proceedings after adverting to the objections raised by the petitioner in Ext.P5 and

after affording the petitioner as well as the 6th respondent an opportunity of being heard, especially since Ext.P4 is only a stop memo, otherwise the

petitioner would not be precluded from invoking his statutory remedies.

In the result, without expressing anything on the merits of the matter, I dispose of the writ petition by directing the 1st respondent to finalise Ext.P4

proceedings, after adverting to Ext.P5 objection and after affording the petitioner and the 6th respondent an opportunity of hearing. The 1st respondent

shall finalise the proceedings, in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of

receipt of a copy of this judgment.