Arjun B.G vs Velinalloor Grama Panchayat

Citation : 2024 Latest Caselaw 12014 Ker
Judgement Date : 10 May, 2024

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Kerala High Court

Arjun B.G vs Velinalloor Grama Panchayat on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.17328/2024                        1/3                         Order Date : 10-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                  Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
                                  WP(C) NO. 17328 OF 2024
   PETITIONER:

          ARJUN B.G AGED 29 YEARS S/O BHASKARAN, ANUGRAHAM, KAMBALAKKAD P.O,
          KARIMBETTA, WAYANAD, PIN - 673122

   RESPONDENTS:

      1. VELINALLOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OYOOR
         P.O, KOLLAM, PIN - 691510
      2. THE SECRETARY, VELINALLOOR GRAMA PANCHAYAT, OYOOR P.O, KOLLAM, PIN -
         691510
      3. ENVIRONMENTAL ENGINEER, KOLLAM KERALA STATE POLLUTION CONTROL BOARD,
         USHAS BUILDING, ANDAMUKKAM, KOLLAM, PIN - 691001
      4. DISTRICT LEVEL FACILITATION AND MONITORING COMMITTEE, KOLLAM
         REPRESENTED BY ITS CHAIRMAN, COLLECTORATE, CIVIL STATION ROAD,
         KOLLAM, PIN - 691013
      5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT
         LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to 1) direct the 2nd respondent to issue a provisional license to
   the petitioner to run his business; and 2) permit the petitioner to run
   his business still the application is reconsidered by the 2nd respondent
   pending disposal of the writ petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.JOMY K. JOSE Advocate, for the petitioner, the court passed the
   following:
 WP(C) No.17328/2024                         2/3                        Order Date : 10-05-2024




                           MURALI PURUSHOTHAMAN, J.
                         ---------------------------------------------
                              W.P (C) No.17328 of 2024
                       -------------------------------------------------
                         Dated this the 10th day of May, 2024


                                         ORDER

Admit.

2. Respective Standing Counsel takes notice for respondents 1 to 3. Learned Government Pleader takes notice for respondents 4 and 5.

Post on 21.05.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE akv WP(C) No.17328/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 17328/2024 Exhibit P1 A TRUE COPY OF THE CONSENT TO OPERATE FROM THE KERALA STATE POLLUTION CONTROL BOARD, VIDE CONSENT NUMBER KSPCB/KL/ICO/10009408/2022 ISSUED ON 22-09-2022 Exhibit P2 A TRUE COPY OF THE PERMISSION ISSUED BY THE DISTRICT LEVEL FACILITATION AND MONITORING COMMITTEE, KOLLAM DISTRICT, VIDE NUMBER DSM/KLM/TC/GENERAL-01-1652/2024 DATED 16-04-2024 Exhibit P3 A TRUE COPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS DATED 09-01-2023, VIDE REGISTRATION NUMBER D03/KUR/11/522/2023 Exhibit P4 A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE STATION OFFICER, FIRE AND RESCUE STATION, KOTTARAKKARA, VIDE NUMBER FRSKTR/134/2024-C DATED 25-04-2024 Exhibit P5 A TRUE COPY OF THE JUDGMENT IN W.A NO. 763/2023 DATED 12-04-2023 Exhibit P6 A TRUE COPY OF THE LICENSE ISSUED BY THE 2ND RESPONDENT DATED 08-05-2023, FOR THE YEAR 2023-2024 ISSUED VIDE NUMBER 117/2023/2619 Exhibit P7 A TRUE COPY OF THE APPLICATION FOR RENEWING THE LICENSE DATED 07-03-2024 Exhibit P8 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT REJECTING THE APPLICATION FOR RENEWAL OF LICENSE, VIDE NUMBER 400334/RPTL20/GPO/2024/1219, DATED 02-04-2024 Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED 18-09-2023 ISSUED BY THE PRESIDENT, VELINALLOOR GRAMA PANCHAYAT, KOLLAM DISTRICT Exhibit P10 . A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 20-09-2023, VIDE NUMBER 400334/RPTL19/GPO/2023/2619/2 Exhibit P11 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.

31506/2023 DATED 26-09-2023 Exhibit P12 A TRUE COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN W.P.(C) NO. 29741/2023 DATED 07-11-2023 Exhibit P13 A TRUE COPY OF THE AGREEMENTS DATED 19-07-2023