Decided on November 12,1993

ANTONY Appellant


- (1.) A square peg in a round hole - cement godown in a shopping complex and that too in the proximity of a residential area. Cement though a boon to the builder is a curse to the person who inhales it. Is it not incongrous and glaringly odd to permit a cement depot to run in a residential area And that is the question that arises in this Original Petition.
(2.) The petitioner one C.P. Antony representing a registered housing colony by name Santhi Nagar MIG Residents' Association, Koovapadam, Cochin, seeks for the issuance of a writ of mandamus directing the respondents 1 and 2 to take appropriate action for closing down the cement shop in the Santhi Nagar Housing Complex run by the 4th respondent firm and to issue a writ declaring that the 4th respondent firm has no right to run a cement shop in a thickly populated housing complex like Santhi Nagar Housing complex causing health hazards to the local residents and to direct the third respondent to take immediate action on the representation given by the petitioner's association on 9-2-1989 and to cancel the licence given under the Kerala Cement Distribution (Licencing and Regulation) Order, 1974 and for other incidental reliefs.
(3.) During the pendency of the Original Petition additional respondents 5 and 6 got themselves impleaded as per order of this court in C.M.P.No.33767/89 dt. 14-12-89. Subsequently, the petitioner filed C.M.P. No. 18325/90 producing Exts. P4 and P5 proceedings of the Standing Committee (Health), Corporation of Kochi No. WZH6-8766/88 dated 30-1-90 and 8-11-90 respectively and praying for stay of operation of the same and to initiate necessary action against the first respondent Commissioner, Corporation of Cochin for violating the orders passed by this court in C.M.P. No. 9329/ 89 allowing the respondents to store and sell cement in Building No. 8/397 of Santhinagar, Cochin pending final disposal of the Original Petition. C.M.P. No. 19564/90 is an amendment petition filed by the petitioner to add new ground as 'f' and 'g' to the Original petition and also the following prayers: f) issue a writ declaring that respondents 4 to 6 have no licence for running a cement depot as provided under Kerala Cement Distribution (Licencing & Regulation) Order, 1974 and as such they are not entitled to run the cement depot in Santhinagar Housing Complex; g) issue a writ, order or direction declaring that Exts. P4 and P5 orders were passed without considering any of the vital aspects to be looked into and without considering the vital question to be addressed by the authority while considering such a matter and to quash the same".;

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