IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 15599 OF 2009
PETITIONER/S:
CHANGANACHERRY METAL AND ALLIED INDUSTRI
INDUSTRIES CO-OPERATIVE SOCIETY LTD.,
NO.IND(K)71,, INDUSTRIAL ESTATE P.O.,
CHANGANASSERY- REPRESENTED, BY ITS SECRETARY.
BY ADVS.
SRI.JOHN VARGHESE
SRI.P.M.JOSEPH
RESPONDENT/S:
1 VAZHAPPALLY GRAMA PANCHAYAT AND ANOTHER
VAZHAPPALLY P.O., CHANGANACHERRY, REPRESENTED
BY, ITS SECRETARY.
2 THE SECRETARY VAZHAPPALLY GRAMA
PANCHAYATH, VAZHAPPALLY P.O., CHANGANACHERRY.
BY ADV SRI.MILLU DANDAPANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 15599 of 2009
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 15599 of 2009
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Dated this the 23rd day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"(a) Issue a writ of mandamus or any other appropriate writ order or direction directing the learned Tribunal for Local Self Government Institutions to receive the appeals on file, which were returned on 06.05.2009, filed against Exts.P30 to P33 orders of the 2 nd respondent.
(b) Issue any other appropriate writ, order or direction as this Hon'ble Court deems fit and necessary in the facts and circumstances of the case.
(c) award costs." (sic)
2. As per Ext.P28 judgment, this Court directed the Tribunal for Local Self Government Institutions to consider the appeals filed by the petitioner challenging the order passed by the Vazhappally Grama Panchayat rejecting the application for renewal of licence for conducting an industrial unit. It is the -3- W.P.(C). No. 15599 of 2009 case of the petitioner that in the judgment it is found that no purpose will be served if the appeal is heard by the same Panchayat Committee and that is why the tribunal was directed to consider the appeal. The said judgment was confirmed by the Division Bench of this Court in Ext.P29 judgment.
Subsequently, for the year 2009-2010, the petitioner has again applied for licence, and the Panchayat rejected the application for want of permit. The petitioner preferred appeal before the Tribunal for Local Self Government Institutions in view of Exts.P28 and P29 judgments of this Court. However, the Tribunal was not inclined to receive the appeals on file stating that the appeals are not maintainable, even though it was specifically contended that Exts.P28 and P29 govern the field.
Hence, this writ petition is filed.
3. When this writ petition came up for consideration along with WP(C) No.12724 of 2009, this Court passed an -4- W.P.(C). No. 15599 of 2009 interim order on 24.04.2009 in WP(C) No.12724 of 2009 directing to maintain status-quo. That writ petition was closed today, with liberty to the petitioner to raise all his contentions in this writ petition. Based on the above interim order, the petitioner is even now continuing the industrial unit. In the meanwhile, the Panchayat and the petitioner approached the Government for assigning the land in question. The Government issued an order granting lease to the petitioner and the request of the Panchayat was rejected. That order was challenged by the Panchayat before this Court by filing WP(C) No.21195 of 2013. This Court dismissed the writ petition and the same is challenged by filing WA No.742 of 2019. That writ appeal is even now pending. In the light of these facts, I think nothing survives in this case. The Status-quo order can be continued subject to the final decision in WA No.742 of 2019.
-5-W.P.(C). No. 15599 of 2009 Therefore, this writ petition is closed making it clear that the status-quo as on today will continue, till the final disposal of WA No.742 of 2019. sd/-
P.V.KUNHIKRISHNAN JUDGE das -6- W.P.(C). No. 15599 of 2009 APPENDIX OF WP(C) 15599/2009 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GO/ MS NO. 542/REV. DT.
01-06-1961.
Exhibit P2 TRUE COPY OF THE NOTICE DT. 06-08-1962 ISSUED BY THE TAHSILDAR CHANGANACHERRY.
Exhibit P3 TRUE COPY OF THE LETTER DATED 08-05-
2006 ISSUED BY THE TAHSILDAR, CHANGANACHERRY, Exhibit P4 TRUE COPY OF THE ORDER DATED 19-02-
1994 ISSUED BY THE GOVT. OF KERALA. Exhibit P5 TRUE COPY OF THE ORDER DATED 31-05-
2007 ISSUED BY THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THE ORDER DATED 27-11-
2007 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
Exhibit P7 TRUE COPY OF THE APPLICATION DATED 25-
02-2006 SUBMITTED BY THE PANCHAYATH TO THE GOVERNMENT .
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 12-12-2007 IN W.P. (C) NO. 36713/2007 .
Exhibit P9 TRUE COPY OF THE LETTER DATED 17-12-
2007 ISSUED BY THE 2ND RESPONDENT. Exhibit P10 TRUE COPY OF THE LETTER DATED 31-12-
2007 SUBMITTED BY THE PETITIONER. Exhibit P11 TRUE COPY OF THE ORDER DATED 26-12-
2007 ISSUED BY THE 2ND RESPONDENT. Exhibit P12 TRUE COPY OF THE ORDER DATED 29-12-
2007 ISSUED BY THE 2ND RESPONDENT. Exhibit P13 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P. (C) NO. 62/2008 DATED 07-01-2008.
Exhibit P14 TRUE COPY OF THE NOTICE DATED 29-12-
2007 ISSUED BY THE 2ND RESPONDENT. Exhibit P15 TRUE COPY OF THE ORDER DATED 09-01-
2008 ISSUED BY THE 2ND RESPONDENT.
-7-W.P.(C). No. 15599 of 2009 Exhibit P16 TRUE COPY OF THE JUDGMENT DATED DATED 04-02-2008 IN W.P. (C) N. 1706/2008 OF THIS HON'BLE COURT.
Exhibit P17 TRUE COPY OF THE JUDGMENT DATED DATED 04-02-2008 IN W.P. (C) N. 62/2008 OF THIS HON'BLE COURT.
Exhibit P18 TRUE COPY OF THE RECEIPT DATED 18-02-
2008 ISSUED BY THE PANCHAYATH IN RESPECT OF SAW MILL.
Exhibit P19 TRUE COPY OF THE RECEIPT DATED 18-02-
2008 ISSUED BY THE PANCHAYATH IN RESPECT OF CARPENTRY UNIT.
Exhibit P20 TRUE COPY OF THE RECEIPT DATED 18-02-
2008 ISSUED BY THE PANCHAYATH IN RESPECT OF LORRY WORKSHOP.
Exhibit P21 TRUE COPY OF THE RECEIPT DATED 18-02-
2008 ISSUED BY THE PANCHAYATH IN RESPECT OF WELDING UNIT.
Exhibit P22 TRUE COPY OF THE LETTER DATED 11-03-
2008 SUBMITTED BY THE PETITIONER IN RESPECT OF SAW MILL.
Exhibit P22 a TRUE COPY OF THE LETTER DATED 11-03-
2008 SUBMITTED BY THE PETITIONER IN RESPECT OF CARPENTRY UNIT.
Exhibit P22 b TRUE COPY OF THE LETTER DATED 11-03-
2008 SUBMITTED BY THE PETITIONER IN RESPECT OF LORRY WORKSHOP.
Exhibit P22 c TRUE COPY OF THE LETTER DATED 11-03-
2008 SUBMITTED BY THE PETITIONER IN RESPECT OF WELDING UNIT.
Exhibit P23 TRUE COPY OF THE ORDER DATED 17-04-
2008 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF SAW MILL.
Exhibit P24 TRUE COPY OF THE ORDER DATED 18-04-
2008 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF CARPENTRY UNIT.
Exhibit P25 TRUE COPY OF THE ORDER DATED 18-04-
2008 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF LORRY WORKSHOP.
-8-W.P.(C). No. 15599 of 2009 Exhibit P26 TRUE COPY OF THE ORDER DATED 18-04-
2008 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF WELDING UNIT.
Exhibit P27 TRUE COPY OF THE JUDGMENT DATED 07-10-
2008 IN W.P. (C) NO. 13411/2008 OF THIS HON'BLE COURT.
Exhibit P28 TRUE COPY OF THE JUDGMENT DATED 04-12-
2008 IN W.P. (C) NO. 35936/2008 OF THIS HON'BLE COURT.
Exhibit P29 TRUE COPY OF THE JUDGMENT DATED 19-12-
2008 IN W.A. NO. 2478/2008 OF THIS HON'BLE COURT.
Exhibit P30 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 02-04-2009 WITH RESPECT TO LORRY WORKSHOP.
Exhibit P31 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 02-04-2009 WITH RESPECT TO CARPENTRY UNIT.
Exhibit P32 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 02-04-2009 WITH RESPECT TO WELDING UNIT.
Exhibit P33 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 02-04-2009 WITH RESPECT TO SAW MILL UNIT.