IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 30676 OF 2012
PETITIONER:
V.V.ABOOBACKER HAJI,
S/O.THERUVATH POCKER,, AGED 46 YEARS,
VALIYAKATH VEETTIL, VENMANAD,PAVARATHY POST,
CHAVAKKAD, TRISSUR DISTRICT,KERALA STATE
MANAGING PARTNER, M/S.JALALIYA INTERNATIONAL,
CHUNGATHARA, MALAPPURAM DISTRICT.
(THE NAME AND ADDRESS OF THE PETITIONER IS SUBSTITUTED AS
FAZIL MUNDASSERY, S/O.HUSSAIN HAJI,
MUNDASSERY HOUSE (FAZIL MANZIL), EDARIKKODE.P.O.,
KOTTAKKAL, MALAPPURAM DISTRICT
SUBSTITUTED AS PER ORDER DATED 23/03/2013 IN IA
4378/2013)
BY ADVS.
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
RESPONDENTS:
1 THE CHUNGATHARA PANCHAYATH, CHUNGATHARA,
POOKOTTUMANNA, MALAPPURAM DISTRICT- 679 334.
2 THE SECRETARY, CHUNGATHARA GRAMA PANCHAYATH
CHUNGATHARA, POOKOTTUMANNA, MALAPPURAM DISTRICT- 679 334.
ADDL.R3 P.K.GOPALAN,
SON OF KUTTAPPAN
POOVATHINGAL HOUSE, CHOORAKKANDI, POOKKOTTUMANNA (P.O),
NILAMBUR TALUK, MALAPPURAM DISTRICT.
R4 P.C.POULOSE,
SON OF CHACKO, PAINADATH HOUSE, CHOORAKKANDI,
POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
MALAPPURAM DISTRICT
R5 P.THOMASKUTTY
PUTHERNCHIRAYIL HOUSE, CHOORAKKANDI,
WP(C) NO. 30676 OF 2012
2
POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
MALAPPURAM DISTRICT.
R6 M.KRISHNAKUMARI,
WIFE OF GOPALAN, POOVATHINGAL HOUSE, CHOORAKKANDI,
POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
MALAPPURAM DISTRICT
R7 ANEESH.T.A,
SON OF ABRAHAM, THADATHIL HOUSE, CHOORAKKANDI,
POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
MALAPPURAM DISTRICT
R8 SHYNI.K.J,
DAUGHTER OF JOHN, THADATHIL HOUSE, CHOORAKKANDI,
POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
MALAPPURAM DISTRICT
R9 YESUDAS.P.,
SON OF P.P.GEORGE, PLAMOOTTIL, CHOORAKKANDI,
POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
MALAPPURAM DISTRICT
R10 ANOOP P.K., SON OF KRISHNAN, PULLIKKAL HOUSE,
CHOORAKKANDI, POOKKOTTUMANNA (P.O),
NILAMBUR TALUK, MALAPPURAM DISTRICT
R11 SUDHEESH.V.G, SON OF GOPALAKRISHNAN,
VELLARINGATTU HOUSE,CHOORAKKANDI,
POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
MALAPPURAM DISTRICT
(ARE IMPLEADED AS PER ORDER DATED 9/4/13 IN
I.A.NO.4745/5/13)
BY ADVS.
SRI.U.K.DEVIDAS
SRI.R.RAJESH KORMATH
SR.ADV.SRI.G.SHRIKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30676 OF 2012
3
JUDGMENT
This writ petition is filed with the following prayers: I) Issue a writ or certiorari or any other writ or order to quash Ext.P32 and 33 holding the same as illegal.
ii) Issue a writ of mandamus or any other writ, order of direction directing the respondent Panchayat to grant renewed permit and license to the industrial unit of the petitioner within the time frame as directed by this Hon'ble Court.
When this writ petition came up for consideration on 20.12.2012 this Court passed an order directing the respondent Panchayat to grant renewed permit and license to the industrial unit of the petitioner provisionally pending disposal of the writ petition. Based on above interim order, the petitioner is continuing. It is submitted that the respondent Panchayat renewed the licence in subsequent years also. If that is the case, nothing survives in this case. Recording the order dated 20.12.2012, this writ petition is closed. If there is any further grievance to the petitioner all those questions are left open.
Sd/-
P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 30676 OF 2012 4 APPENDIX OF WP(C) 30676/2012 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE APPROVED BY THE RESPONDENT Exhibit-P2 TRUE COPY OF TH PERMIT ISSUED BY THE RESPONDENT Exhibit-P3 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 1-12-2007 Exhibit-P4 TRUE COPY OF THE PERMIT GRANTED BY THE TOWN PLANNING OFFICER DATED 13.12.2007 Exhibit-P5 TRUE COPY OF THE PLAN APPROVED BY THE TOWN PLANNING OFFICER Exhibit-P6 TRUE COPY OF THE REQUEST LETTER DATED 13.12.2007 BY THE PETITIONER TO RESPONDENT Exhibit-P7 TRUE COPY OF THE PROJECT REPORT SUBMITTED BY PETITIONER TO RESPONDENT PANCHAYATH Exhibit-P8 TRUE COPY OF THE SANCTION LETTER OF DISTRICT INDUSTRIES CENTRE DATED 27.11.2007 Exhibit-P9 TRUE COPY OF THE PRICE LIST DATED 14.11.2007 & 17.10.2007 WITH AGREEMENT BETWEEN SHIVSU CANADIAN CLEAR WATER TECHNOLOGY & THE PETITIONER Exhibit-P10 TRUE COPY OF THE LETTER DATED 26.11.2007 ISSUED BY SHIVSU CANADIAN CLEAR WATER TECHNOLOGY TO THE PETITIONER Exhibit-P11 TRUE COPY OF CONSENT LETTER ISSUED BY POLLUTION CONTROL BOARD DATED 12.12.2007 Exhibit-P12 TRUE COPY OF PERMIT ISSUED BY THE JOINT DIRECTOR, FACTORIES & Boilers Exhibit-P13 TRUE COPY OF FEASIBILITY CERTIFICATE ISSUED BY THE GROUND WATER AUTHORITY WP(C) NO. 30676 OF 2012 5 Exhibit-P14 TRUE COPY OF ORDER ISSUED BY RESPONDENT PANCHAYATH DATED 11.1.2008 Exhibit-P15 TRUE COPY OF ADVOCATE COMMISSIONERS REPORT FIELD IN WRIT PETITION NO.1947/2008 Exhibit-P16 TRUE COPY OF THE LICENSE ISSUED BY DIRECTOR OF FACTORY AND BOILERS TO THE PETITIONER Exhibit-P17 TRUE COPY OF JUDGMENT IN WRIT PETITION NO.1947/2008 OF THIS HON'BLE COURT Exhibit-P18 TRUE COPY OF REQUEST ISSUED BY THE PETITIONER TO THE RESPONDENT Exhibit-P19 TRUE COPY OF ORDER ISSUED BY RESPONDENT DATED 25.07.2008 Exhibit-P20 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP.NO.23688/2008 DATED 17- 9-2008 Exhibit-P21 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE RESPONDENT Exhibit-22 TRUE COPY OF THE DECISION NO.53/2008 OF THE RESPONDENT DATED 20.11.2008 Exhibit-P23 TRUE COPY OF THE LICENSE ISSUED BY RESPONDENT FOR THE YEAR 2008-2009 Exhibit-P24 TRUE COPY OF THE LICENSE ISSUED BY RESPONDENT FOR THE YEAR 2010-2011 Exhibit-P25 TRUE COPY OF COUNTER AFFIDAVIT FILED BY RESPONDENT IN W.P.NO.23688/2008 Exhibit-P26 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.NO.23688/2008 DATED 1-8-2012 Exhibit-P27 TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE RESPONDENT DATED 7-11-2012 Exhibit-P28 TRUE COPY OF THE CONSENT WITH RENEWAL WP(C) NO. 30676 OF 2012 6 ISSUED BY THE POLLUTION CONTROL BOARD Exhibit-P29 TRUE COPY OF THE CERTIFICATE ISSUED BY GROUND WATER DEPARTMENT Exhibit-P30 TRUE COPY OF THE CERTIFICATE ISSUED BY INSPECTOR OF FACTORIES AND BOILERS Exhibit-P31 TRUE COPY OF BUILDING TAX RECEIPTS ISSUED BY RESPONDENT PANCHAYATH Exhibit-P32 TRUE COPY OF ORDER ISSUED BY RESPONDENT PANCHAYATH DATED 12.12.2012 Exhibit-P33 TRUE COPY OF DECISION OF THE RESPONDENT PANCHAYATH DATED 12.12.2012.