Kerala High Court
Paramban Nanu @ Azheekodan Nanu vs State Of Kerala on 11 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
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 28275 OF 2017
PETITIONERS:
1 PARAMBAN NANU @ AZHEEKODAN NANU
S/O. KANNAN, AGRICULTURIST, RESIDING AT KANIYAMPADI,
KOLAYADU AMSOM, KOMMERI DESOM, THALASSERY TALUK
PIN - 670 650.
2 SAJEESH K
S/O. NANU, AGRICULTURIST, RESIDING AT KANIYAMPADI,KOLAYADU
AMSOM, KOMMERI DESOM, THALASSERY TALUK, PIN - 670 650.
3 BIJU K
S/O. NANU, AGRICULTURIST, RESIDING AT KANIYAMPADI, KOLAYADU
AMSOM, KOMMERI DESOM, THALASSERY TALUK, PIN - 670 650.
BY ADV SMT.M.M.DEEPA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF
GOVERNMENT INSTITUTIONS, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
2 KOLAYADU GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KOLAYADU, PIN- 670 650.
3 THE SECRETARY
KOLAYADU GRAMA PANCHAYATH, KOLAYADU PIN- 670 650.
BY ADVS.
SRI. RIYAL DEVASSY, GP
SRI. U. BALAGANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28275 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.28275 of 2017
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to pass orders on the application for license submitted under Kerala Panchayat Raj (Issue of License to Dangerous and offensive Trades and Factories) Rules 1996 by the 1st petitioner for rearing pigs.
(ii) Issue a writ of mandamus or any other writ, order or direction, directing the 3rd respondent to consider and dispose off Exhibit P3 representation submitted by the 1st petitioner within a time to be specified by this Hon'ble Court and to communicate the order thereof to the 1st petitioner.
WP(C) NO. 28275 OF 2017 3
iii) Grant such other relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." SIC
2. When this writ petition came up for consideration, the learned counsel for the petitioners submitted that, there may be a direction to consider Ext.P3 by the 3rd respondent.
3. Heard the learned counsel appearing for the petitioners, the learned Government Pleader and also the learned counsel appearing for respondent Nos.2 and 3.
4. After hearing both sides, I think, that prayer can be allowed.
Therefore, this writ petition is disposed of with the following directions:
WP(C) NO. 28275 OF 2017 4
(i) If Ext.P3 is pending as on today, the same will be considered by the 3rd respondent and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.
(ii) If any orders are passed in Ext.P3, the same will be communicated to the petitioners in the above said period itself.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 28275 OF 2017 5 APPENDIX OF WP(C) 28275/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.A NO.
219/2016 ON THE FILE OF THE MUNSIFF COURT, KUTHUPARAMBA.
EXHIBIT P2 TRUE COPY OF THE REPORT AND SKETCH SUBMITTED BY SHYNI V, THE ADVOCATE COMMISSIONER IN I.A NO. 720/2016 IN O.S NO.219/2016.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 18.07.2017 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE