IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 26566 OF 2018
PETITIONER:
HASEENA BEEVI
AGED 43 YEARS, W/O NISSAR BABU,
THOPPIL HOUSE, PAYIKUZHI,
OCHIRA P.O.,KOLLAM DIST., KERALA.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT,
GOVT. SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.
2 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN-695004.
3 THE ENVIRONMENTAL ENGINEER
THE KERALA STATE POLLUTION CONTROL BOARD,
KOLLAM DISTRICT OFFICE, USHUS BUILDING,
BIG BAZAR, KOLLAM-691001.
4 OCHIRA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE OCHIRA GRAMA PANCHAYATH,
OACHIRA P.O., KOLLAM DIST. PIN-690526.
5 GENERAL MANAGER & CONVENER,
DISTRICT INDUSTRIAL CENTRE,ASHRAMAM,
KOLLAM PIN-691002.
6 VILLAGE OFFICER
OCHIRA VILLAGE OFFICE, OCHIRA P.O.,
KOLLAM DIST. PIN-690526.
ADDL.R7 ABDUL KADER KUNJU
S/O.KUNJU AHAMMED KUNJU,
ABIDA MANZIL, PAYIKUZHI, OACHIRA P.O.,
PIN 690 526.
(ADDL.R7 IS IMPLEADED AS PER ORDER DATED
10/09/2018 IN IA.NO.01/2018)
W.P.(C).No.26566/2018
2
BY ADVS.GEORGE POONTHOTTAM
NISHA GEORGE
S. JASMINE
SRI. T.NAVEEN SC, KERALA PCB
B. HARISH KUMAR
SMT.DEEPA NARAYANAN, SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.26566/2018
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.26566 of 2018
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Dated this the 27th day of July, 2022
JUDGMENT
When this writ petition came up for consideration, the learned counsel for the petitioner submitted that this matter can be closed leaving open all the contentions raised in this writ petition.
Therefore, this writ petition is closed leaving open all the contentions raised in this writ petition, with liberty to the petitioner to approach this Court again, if any necessity is there.
Sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.26566/2018 4 APPENDIX OF WP(C) 26566/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY TAX RECEIPT DATED 06.05.2017 EXHIBIT P2 TRUE COPY OF OWNERSHIP CERTIFICATE DATED 07.06.2017 EXHIBIT P3 TRUE COPY OF POSSESSION CERTIFICATE DATED 05.05.2017 EXHIBIT P4 TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY 2ND RESPONDENT DATED 15.11.2017 ALONG WITH THE APPROVED SITE PLAN.
EXHIBIT P5 TRUE COPY OF NO. OBJECTION CERTIFICATE ISSUED BY THE FIRE & RESCUE SERVICES DEPARTMENT DATED 31.06.2017 EXHIBIT P6 TRUE COPY OF THE APPLICATION (REMINDER CUM REPLY) FOR CONSENT TO OPERATE FILED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE PETITIONERS APPLICATION DATED 08.06.2017. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 05.03.2018 ISSUED BY THE 4TH RESPONDENT EXHIBIT P9 TRUE COPY LETTER DATED 07.03.2018 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P10 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 05.05.2018 EXHIBIT P11 TRUE COPY OF THE LETTER DATED 30.04.2018 EXHIBIT P12 TRUE COPY OF JUDGMENT IN WPC NO.
9472/2018 OF THIS HON'BLE COURT DATED 20.03.2018 EXHIBIT P13 TRUE COPY OF APPEAL MEMORANDUM FILED AS APPEAL NO. 7/2018 BEFORE THE APPELLATE AUTHORITY OF 2ND RESPONDENT. EXHIBIT P14 TRUE COPY OF AFFIDAVIT & PETITION FILED BY HIM IN EXHIBIT P8 FOR STAYING EXHIBIT P-13.
EXHIBIT P15 TRUE COPY OF THE OBJECTION FILED BY THIS PETITIONER IN EXHIBIT P-13 W.P.(C).No.26566/2018 5 EXHIBIT P16 TRUE COPY OF THE LETTER DATED 19.05.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE REPLY CUM APPLICATION ALONG WITH LOCATION SKETCH AND OWNERSHIP CERTIFICATE.
EXHIBIT P18 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE ACP WITH ACKNOWLEDGEMENT DATED 14.05.2018.
EXHIBIT P19 TRUE COPY OF THE COMMUNICATION BY THE 5TH RESPONDENT DATED 19.05.2018. EXHIBIT P20 THE REPLY SUBMITTED BY THE PETITIONER CLARIFYING THE FALSITY OF OBJECTION DATED RECEIPT AS 29.06.2018. EXHIBIT P21 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 20.08.2018 WITH RECEIPT FOR ACCEPTANCE.
EXHIBIT P22 TRUE COPY OF THE COMPLAINT TO THE HON'BLE MINISTER FOR INDUSTRIES DATED 04.02.2019.
EXHIBIT P23 TRUE COPY OF THE REPLY BY 4TH RESPONDENT DATED 10.08.2017. EXHIBIT P23 TRUE COPY OF APPLICATION UNDER RTI ACT DATED 17.07.2017.
EXHIBIT P23 TRUE COPY OF NOTICE ISSUED BY THE 4TH RESPONDENT REGARDING THAT ROOM DATED 09.06.2017.
EXHIBIT P24 TRUE COPY OF THE CIRCULAR OF 1ST RESPONDENT.
EXHIBIT P25 THE LAST APPLICATION CURING ALL DEFECTS SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT WITH RECEIPT FOR ACCEPTANCE DATED 02.07.2018. EXHIBIT P26 TRUE COPY OF COMMUNICATION SENT TO THE 5TH RESPONDENT BY THE 4TH RESPONDENT AS EXHIBIT R-4(Q) EXHIBIT P27 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 15.07.2019.
EXHIBIT P28 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER DATED 16.07 2019. W.P.(C).No.26566/2018 6 EXHIBIT P29 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 5TH RESPONDENT DATED 16.07.2019.
EXHIBIT P30 TRUE COPY OF THE FRESH SKETCH AND PLAN SUBMITTED BY THE RESPONDENT. EXHIBIT P31 TRUE COPY OF THE LETTER OF 4TH RESPONDENT RECEIVED BY THE PETITIONER DATED 19.07.2019.
EXHIBIT P32 TRUE COPY OF THE REPLY FILED BY THE PETITIONER ALONG WITH CERTIFICATE OF REGISTRATION OF ENGINEER WHO PREPARED EXHIBIT P-30.
RESPONDENTS' EXHIBITS EXT.R7(A) COPY OF THE DECISION 9(1) DATED 16.12.2018 EXT.R4(A) COPY OF THE DECISION OF THE PANCHAYAT COMMITTEE DATED 16.2.18 EXT.R4(B) COPY OF THE OBJECTION FILED BY THE PANCHAYAT EXT.R4(C) COPY OF THE ORDER DATED 31.7.18 PASSED BY THE STATE HUMAN RIGHTS COMMISSION EXT.R4(D) COPY OF THE REPRESENTATION DATED 8.6.17 SUBMITTED BY THE PETITIONER EXT.R4(E) COPY OF THE REPRESENTATION SUBMITTED BY ONE OF ABDUL KHADER KUNJU ON 7.9.17.
EXT.R4(F) COPY OF THE REPRESENTATION DATED 2.9.17 SUBMITTED BEFORE THE 4TH RESPONDENT EXT.R4(G) COPY OF THE DECISION DATED 25.9.17 ISSUED BY THE PANCHAYAT COMMITTEE EXT.R4(H) COPY OF THE PROCEEDINGS DATED 27.9.17 ISSUED BY THE 4TH RESPONDENT EXT.R4(I) COPY OF THE COMPLAINT SUBMITTED BY THE RESIDENTS OF THE LOCALITY ON 28.9.17 EXT.R4(J) COPY OF THE PROCEEDINGS DATED 23.11.17 ISSUED BY THE SINGLE WINDOW SCREE CLEARANCE BOARD EXT.R4(K) COPY OF THE PROCEEDINGS DATED 7.12.17 ISSUED BY THE 4TH RESPONDENT EXT.R4(L) COPY OF THE LICENCE APPLICATION DATED W.P.(C).No.26566/2018 7 4.1.18 SUBMITTED BY THE PETITIONER EXT.R4(M) COPY OF THE REPORT DATED 28.2.18 SUBMITTED BY THE ASSISTANT TOWN PLANNER EXT.R4(N) COPY OF THE COMPLAINT DATED 9.5.18 PREFERRED BY THE 4TH RESPONDENT EXT.R4(O) COPY OF THE ORDER DATED 23.5.18 PASSED BY THE TRIBUNAL EXT.R4(P) COPY OF THE PROCEEDINGS DATED 20.7.18 ISSUED BY THE 4TH RESPONDENT EXT.R4(Q) COPY OF THE PROCEEDINGS DATED 13.9.18 ALONG WITH THE REPORT DATED 8.9.18 SUBMITTED BY THE ASSISTANT ENGINEER EXT.R7(B) COPY OF THE ORDER DATED 31.07.2018 OF THE HUMAN RIGHTS COMMISSION EXT.R7(C) COPY OF THE COMPLAINT DATED 11.07.19 PREFERRED BY BUILDING PLAN LICENSEE EXT.R7(D) COPY OF THE COMPLAINT DATED 17.7.2019 BEFORE TEH CIRCLE INSPECTOR OF POLICE, OACHIRA EXT.R7(E) COPY OF THE COMPLAINT BEFORE THE DISTRICT COLLECTOR, FILED BY THE ACTION COUNCIL AGAINST THE FUNCTIONING OF THE UNIT AND THE ENDORSEMENT MADE BY THE COLLECTOR