WP(C) NO. 20480 OF 2012 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 20480 OF 2012
PETITIONER/S:
VARGHESE
AGED 56 YEARS
S/O. PAILAN, PANIKAMMITTOM HOUSE, NANTHIPULAM P.O.,
THRISSUR DISTRICT.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SMT.PREETHY KARUNAKARAN
RESPONDENT/S:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT LOCAL SELF
GOVERNMENT DEPRTMENT, GOVERNMENT SECRETARIAT,
THIRUVNANTHAPURAM-695001.
2 THE VARANTHARAPPILLY GRAMA PANCHAYATH
REP. BY ITS SECRETARY, VARANTHARAPPILLY .P.O., THRISSUR.
3 JAMES
S/O. LONAKUTTY, THOTTIAN HOUSE, CHENGALLUR DESOM,
CHENGALLUR.P.O., THRISSUR DISTRICT.
BY ADVS.
SRI.C.A.CHACKO
SMT.M.M.DEEPA
SRI.V.A.JOHNSON VARIKKAPPALLIL
SRI.P.VIJAYA BHANU SR.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20480 OF 2012 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.20480 of 2012
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Dated this the 7th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent to close down the unit of the third respondent since the same is run without statutory license and statutory sanction, immediately in the interest of justice.
(ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant." [SIC]
2. When this writ petition came up for consideration, the learned counsel appearing for the Panchayat submitted that the Panchayat refused licence to the 3rd respondent-unit on 7.8.2020 and the same was challenged by the 3 rd respondent before this Court by filing W.P.(C.) No. 26961/2020. That writ petition is even now pending. If that is the case, the petitioner can implead in the above writ petition and agitate his case. It is WP(C) NO. 20480 OF 2012 3 submitted by the learned counsel for the Panchayat that based on the interim order passed in W.P.(C.) No. 26961/2020, the unit is now functioning.
Leaving open all the contentions raised by the petitioner and with liberty to the petitioner to agitate the same before the appropriate proceedings, this writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 20480 OF 2012 4 APPENDIX PETITIONER'S EXHIBITS EXT.P1 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT FOR THE COMPLAINT LODGED DATED 21.6.2012 EXT.P2 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE MOTHER OF THE PETITIONER DATED 29.3.2011 EXT.P3 A TRUE COPY OF THE COMMUNICATION BY THE SECOND RESPONDENT DATED 20.7.2012 RESPONDENT'S EXHIBITS :
EXT.R3(A) TRUE COPY OF THE CERTIFICATE DATED 17.6.1988 MANAGER (CREDIT) FOR DISTRICT INDUSTRIES CENTRE, THRISSUR EXT.R3(B) TRUE COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD, DATED 23.8.2011 EXT.R3(C) TRUE COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD DATED 23.8.2011 EXT.R3(D) TRUE COPY OF THE SANITARY CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, MUPLIYAM DATED 31.10.2011 EXT.R3(E) TRUE COPY OF THE LICENCE DATED 12.10.2011 ISSUED BY THE 2ND RESPONDENT EXT.R3(F) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT, DATED 23.02.2012.