IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 14699 OF 2016
PETITIONER:
PAULOSE
S/O. LATE VARKEY, MURIYATH HOUSE, PATTIMATTOM.P.O.,
KIZHAKKAMBALAM.P.O., ERNAKULAM.
BY ADV SRI.K.G.CLEETUS
RESPONDENTS:
1 KUNNATHUNADU GRAMA PANCHAYAT
KUMARAPURAM.P.O, 683 565, REPRESENTED BY ITS SECRETARY.
2 ERNAKULAM DISTRICT OFFICER,
THE KERALA STATE POLLUTION CONTROL BOARD, 1ST FLOOR,
MANNALIKUDY ARCADE, (MANNA RESIDENCY), M.C. ROAD,
PERUMBAVOOR - 683 542.
3 CHIEF ENVIRONMENTAL ENGINEER
THE KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM
REGIONAL OFFICE, GANDHI NAGAR, KOCHI - 682 020.
4 K.N.SUBRAMANNIAN
PROPRIETOR, M/S.DEVI AUTO ENGINEERING WORKS,
KAITHAKKADU KARA, PATTIMATTOM - 683 562,
ERNAKULAM DISTRICT.
BY ADV SRI.T.A.UNNIKRISHNAN - R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14699 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 14699 of 2016
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Call for the records leading to Exhibits-P11, P12 and P13:
(ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to close down the automobile workshop run by the 4th respondent in Building No.VIII/281-B of Kunnathunadu Grama Panchayath;
(iii) To issue a writ of certiorari or any other appropriate writ, order or direction, to quash Exhibit-P11;
(iv) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to issue appropriate direction to the 4 th respondent to limit working of the workshop as a manufacturing unit purported for gates and grills, under Exhibit-P8;
(v) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent not to renew the licence to the workshop run by the 4th respondent.
(v a) To call for the records leading to Exhibit-P15 and issue a writ of certiorari or any other appropriate WP(C) NO. 14699 OF 2016 3 writ, order or direction to quash Exhibit-P15 licence.
(vi) To grant such other reliefs which are just and proper in the facts and circumstances of the case."[SIC]
2. The main prayer in the writ petition is to issue direction to the 1st respondent Panchayath to close down the automobile workshop run by the 4 th respondent in Building No.VIII/281-B of Kunnathunadu Grama Panchayath. As far as this prayer is concerned, the counsel for the 4th respondent submitted that the 4th respondent is having licence issued by the Panchayath and that is in force till now. If there is any grievance to the petitioner against the same, the petitioner is free to approach the Panchayath. As far as the 3rd prayer is concerned, it is to quash Ext.P11. Admittedly, Ext.P11 consent to operate is expired. The fourth prayer is to issue a direction to the 1 st respondent to issue appropriate direction to the 4 th respondent to limit working of the workshop as a manufacturing unit purported for gates and grills, under Exhibit P8. This is also a matter to be addressed to the Panchayath and after hearing all other affected parties, the WP(C) NO. 14699 OF 2016 4 Panchayath can decide the matter. Similarly the next prayer is to issue direction to the 1 st respondent not to renew the licence to the workshop run by the 4 th respondent. Admittedly, the licence is already renewed. So that prayer is also infructuous. Then the additional relief sought for is to quash Ext.P15. It is submitted by the counsel for the 4th respondent that Ext.P15 is also expired. Therefore the prayers in the writ petition are infructuous.
3. If there is any surviving grievance to the petitioner against the functioning of the unit by the 4 th respondent, the petitioner is free to approach the Panchayath or other statutory authorities with a representation. If such a representation is received, the statutory authorities or the Panchayath will do the needful in accordance to law.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 14699 OF 2016 5 APPENDIX OF WP(C) 14699/2016 PETITIONER EXHIBITS EXT.P1: TRUE COPY OF THE LICENCE DATED 15.5.2006 ISSUED BY 2ND RESPONDENT IN FAVOUR OF 4TH RESPONDENT.
EXT.P2: TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18.2.2011 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, ERNAKULAM.
EXT.P3: TRUE COPY OF THE CONSENT TO OPERATE TOGETHER WITH LOCATION SKETCH DATED 11.6.2013, WHICH IS VALID UPTO 30.6.2015.
EXT.P4: TRUE COPY OF THE JUDGMENT DATED 10.11.2014 IN W.P.(C).NO.21343/2014 OF HON'BLE HIGH COURT OF KERALA.
EXT.P5: TRUE COPY OF THE INSTRUCTIONS DATED 15.12.2014 GIVENT O THE 4TH RESPONDENT. EXT.P6: PHOTOGRAPHS DEPICTING THE WORKSHOP, OPEN SPACE IN VICINITY AND THE VEHICLES PARKED FOR VARIOUS WORKS.
EXT.P7: TRUE COPY OF THE ORDER NO.A2-3922/19
(K.DIS) DT.28.5.2014, THE 1ST
RESPONDENT.
EXT.P8: TRUE COPY OF THE LICENCE ISSUED FOR
2014-15 ISSUED BY 1ST RESPONDENT DATED 29.5.2014.
EXT.P9: TRUE COPY OF THE APPLICATION DATED 9.2.2016 FILED BY PETITIONER BEFORE 1ST RESPONDENT.
EXT.P10: TRUE COPY OF THE ANSWERS RECEIVED FROM THE 1ST RESPONDENT.
EXT.P11: TRUE COPY OF THE CONSENT TO OPERATE
DATED 18.2.2015 ISSUED BY 2ND
RESPONDENT.
EXT.P12: TRUE COPY OF THE COMPLAINT DATED
WP(C) NO. 14699 OF 2016
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14.12.2015 FILED TO THE 1ST RESPONDENT. EXT.P13: TRUE COPY OF THE RESOLUTION DATED 28.12.2015 OF 1ST RESPONDENT.
EXT.P14: TRUE COPY OF THE INFORMATION DATED 5.2.2016 GIVEN BY PUBLIC INFORMATION OFFICER, COLLECTORATE, ERNAKULAM. EXT.P15: TRUE COPY OF THE LICENCE DATED 5.5.2016 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE