1. Heard the learned counsel for the petitioner and the learned Government Pleader.
2. Petitioner challenges Ext.P4 order passed by the first respondent directing the petitioner to shift his fish vending stall, as it causes pollution to the public at large. It is also stated in Ext.P4 order that licence has not been renewed and therefore the fish vending stall has to be shifted to another place.
3. Learned Government Pleader, on instructions, would submit that the petitioner had been allotted another space and therefore there is no reason for the petitioner to retain the present place as it causes substantial pollution to the neighbouring locality.
4. Learned counsel for the petitioner would, however, submit that W.P.(C)No.13825 of 2014 -:2:-
the petitioner has to make necessary arrangements for shifting the fish vending stall and he requires two months' time for the same.
5. Having regard to the fact that the order, Ext.P4, has been passed by the Health Inspector on a finding that the existence of fish vending stall is causing pollution to the neighbouring locality and considering the fact that the petitioner has already been allotted another space, I do not find any reason to interfere with Ext.P4 order.
6. Learned counsel for the petitioner submits that, if sufficient time is granted, the petitioner can shift the fish vending stall and assures that no pollution will be caused in the area until then.
7. Having regard to the aforesaid submissions, since the order, Ext.P4, is passed only on 26.5.2014, I am of the view that the petitioner shall be granted at least ten days time for eviction.
W.P.(C)No.13825 of 2014 -:3:-
In the above circumstances, this writ petition is disposed of as under:
The petitioner is granted ten days time from today to shift the fish vending stall in terms of Ext.P4 order. It is made clear that he shall keep the premises neat and clean and avoid any sort of pollution, which shall be verified by the first respondent.
A.M.Shaffique, Judge.
sl.