Kerala High Court
Sanoop M.S vs Ulikkal Grama Panchayat on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 3116 OF 2017
PETITIONER:
SANOOP M.S, AGED 28 YEARS, S/O SASIDHARAN,
RESIDING AT MAKKAL HOUSE, KOLITHATTU P.O.,
KANNUR-670 706.
BY ADVS.
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
RESPONDENTS:
1 ULIKKAL GRAMA PANCHAYAT
GRAMA PANCHAYATH OFFICE, ULIKKAL P.O.,
KANNUR-670705, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY
ULIKKAL GRAMA PANCHAYATH, PANCHAYATH OFFICE,
ULIKKAL P.O, KANNUR-670 705.
3 ENVIRONMENTAL ENGINEER
KANNUR DISTRICT, KERALA STATE POLLUTION CONTROL
BOARD, DISTRICT OFFICE, KANNUR-670 002.
4 ULIKKAL STONE CRUSHER
KOLITHATTU P.O, VIA VALLITHODE-670 706,
REPRESENTED BY ITS K.T ANAS.
5 MS FIVE STAR GRANITES HOLLOW BRICKS
KOLITHATTU, IRITTY, KANNUR-670 706, REPRESENTED
BY ITS K.K SURENDRAN.
BY ADVS.
SRI.CIBI THOMAS
SRI.K.N.ABHILASH
SRI.K.B.ARUNKUMAR
SRI.RANJIT BABU
SRI.SUNIL NAIR PALAKKAT
SRI. T.NAVEEN , SC, KERALA STATE POLLUTION
CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.3116 of 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 3116 of 2017
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Dated this the 05th day of April, 2024.
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
"(i) Issue a writ of mandamus or any other appropriate writ directing the respondents No. 1 and 2 to ensure that the no operation of M-Sand units shall be carried out by the 4 th and 5th respondents, without obtaining the necessary licenses and permissions mandated under the Kerala Panchayat Raj Act, 1994
(ii) Issue a writ of mandamus or any other appropriate writ directing the respondent No. 3 to ensure that the no operation of M-Sand units shall be carried out by the 4 th and 5th respondents, without obtaining the necessary consent to establish and operate mandated under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, W.P.(C) No.3116 of 2017 3 1974.
(iii) Issue a writ of mandamus or any other appropriate writ directing the 3rd respondent to conduct frequent inspections to ensure that the conditions laid down in Exhibit P1 and P3 consents are strictly complied with by the 4 th and 5th respondents respectively.
(iv) Pass such any other order, direction or reliefs as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience."[SIC]
2. When this Writ petition came up for consideration on 02.03.2017, this Court passed the following order:
"Admit.
Sri.Cibi Thomas, the learned Standing Counsel takes notice for respondents 1 and 2. The learned Standing Counsel Sri.T.Naveen takes notice for the 3rd respondent. Sri.Sunil Nair Palakkat, the learned counsel takes notice for the 4th respondent. Sri. Ranjith Babu, the learned counsel takes notice for the 5th respondent.
Post on 08.03.2017 for the counter affidavit of the respondent.W.P.(C) No.3116 of 2017 4
The respondent Panchayat shall in the meanwhile ensure that respondents 4 and 5 do not operate the M.Sand unit without obtaining the necessary license from the Panchayat."
3. The above interim order was extended until further orders on 27.06.2017. In the light of the above order, no further directions are necessary.
Therefore, recording the order dated 02.03.2017 which is extended until further orders on 27.06.2017, this Writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.3116 of 2017 5 APPENDIX OF WP(C) 3116/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF CONSENT TO OPERATE DATED 04.12.2015 ISSUED BY THE KERALA POLLUTION CONTROL BOARD TO THE 4TH RESPONDENT.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE D&O LICENSE ISSUED TO THE 4TH RESPONDENT'S CRUSHER UNIT.
EXHIBIT P3 A TRUE PHOTOCOPY OF CONSENT TO OPERATE DATED 28.05.2014 ISSUED BY THE KERALA POLLUTION CONTROL BOARD TO THE 5TH RESPONDENT.
EXHIBIT P4 P4A TRUE PHOTOCOPY OF THE D&O
LICENSE ISSUED TO THE 5TH
RESPONDENT'S CRUSHER UNIT.
EXHIBIT P5 A TRUE PHOTOCOPY OF RTI REPLY DATED
09.12.2016 ISSUED BY THE 2ND
RESPONDENT TO ONE OF THE LOCAL RESIDENTS VIZ. V.K.DASAN. EXHIBIT P6 TRUE PHOTOGRAPHS OF THE 4TH RESPONDENTS M-SAND UNIT AND CRUSHER UNITS.
RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE