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Kerala High Court
John V. J vs The State Of Kerala on 20 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 19419 OF 2023
PETITIONER:
JOHN V J,
AGED 51 YEARS
S/O VADAKEDATHVEETTIL JOHN, ANAKKARA VILLAGE,
PUTTADIKARAYIL, PUTTADI P O, UDUMBANCHOLA TALUK,
IDUKKI DISTRICT, PIN - 685551
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001
2 VANDANMEDU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, VANDANMEDU P O,
IDUKKI DISTRICT, PIN - 685551
3 THE PANCHAYATH COUNCIL,
VANDANMEDU GRAMA PANCHAYATH, REPRESENTED BY ITS
PRESIDENT, VANDANMEDU GRAMA PANCHAYATH OFFICE,
VANDANMEDU P O, IDUKKI DISTRICT, PIN - 685551
4 THE SECRETARY,
VANDANMEDU GRAMA PANCHAYATH, VANDANMEDU P O,
IDUKKI DISTRICT, PIN - 685551
BY ADVS.
SHRI.JOMY K. JOSE, SC, VANDANMEDU GRAMA PANCHAYAT
GODWIN JOSEPH
OTHER PRESENT:
SMT.G.SHEEBA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, ALONG WITH WP(C).5594/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) Nos. 19419 and 5594 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 5594 OF 2023
PETITIONER:
JOHN V. J.,
AGED 51 YEARS
S/O VADAKEDATHVEETTIL JOHN, ANAKKARA VILLAGE,
PUTTADIKARAYIL, PUTTADI P O, UDUMBANCHOLA TALUK,
IDUKKI DISTRICT, PIN - 685551
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 VANDANMEDU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, VANDANMEDU P O,
IDUKKI DISTRICT, PIN - 685551
3 THE PANCHAYATH COUNCIL,
VANDANMEDU GRAMA PANCHAYATH, REPRESENTED BY ITS
PRESIDENT, VANDANMEDU GRAMA PANCHAYATH OFFICE,
VANDANMEDU P O, IDUKKI DISTRICT, PIN - 685551
4 THE SECRETARY,
VANDANMEDU GRAMA PANCHAYATH, VANDANMEDU P O,
IDUKKI DISTRICT, PIN - 685551
5 ADDL.R5. THE KERALA STATE POLLUTION CONTROL
BOARD,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
ESSAREN BUILDING, AANAAKODU JN. THODUPUZHA IDUKKI
DISTRICT - 685 584. [IS IMPLEADED AS ADDL.R5 AS
PER ORDER DATED 24.02.2023 IN I.A.1/2023 IN
WP(C)5594/2023.]
BY ADVS.
GOVERNMENT PLEADER
SHRI.JOMY K. JOSE, SC, VANDANMEDU GRAMA PANCHAYAT
W.P.(C.) Nos. 19419 and 5594 of 2023
3
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, ALONG WITH WP(C).19419/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) Nos. 19419 and 5594 of 2023
4
MOHAMMED NIAS C.P., J.
=========================
W.P.(C.) Nos. 19419 and 5594 of 2023
=========================
Dated this the 20th day of May, 2024
JUDGMENT
The learned counsel for the petitioner submits that the matter has become infructuous. Therefore, the writ petition is dismissed as infructuous.
Sd/-
MOHAMMED NIAS C.P., JUDGE LU W.P.(C.) Nos. 19419 and 5594 of 2023 5 APPENDIX OF WP(C) 5594/2023 PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE SALE DEED IN THE NAME OF THE PETITIONER DATED 3.3.11 REGISTERED WITH THE KATTAPPANA S R O BEARING NO 994 OF 11.
EXHIBIT P2 A TRUE COPY OF THE AGREEMENT IN THE NAME OF THE PETITIONER DATED 5.4.11. EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE ANAKKARA VILLAGE OFFICER DATED 9.7.20.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 3.6.19. EXHIBIT P5 A TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED 27.3.19.
EXHIBIT P6 A TRUE COPY OF THE CONSENT PROVIDED TO THE PETITIONER DATED NIL.
EXHIBIT P7 A TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT DATED 18.10.12.
EXHIBIT P8 A TRUE COPY OF THE LICENSE ISSUED BY THE SECOND RESPONDENT DATED 7.8.14. EXHIBIT P9 A TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER DATED 17.5.19. EXHIBIT P10 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 3.6.19 WITH THE RECEIPTS AND ANSWER PROVIDED TO THE SAME AND REPORT.
EXHIBIT P11 A TRUE COPY OF THE REPLY GIVEN BY THE SECOND RESPONDENT DATED 6.7.19. EXHIBIT P12 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 6.2.20.
EXHIBIT P13 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 6.2.20. EXHIBIT P14 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 19.2.20.
EXHIBIT P15 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 19.2.20. EXHIBIT P16 A TRUE COPY OF THE DECISION OF THE THIRD RESPONDENT DATED 14.2.20. EXHIBIT P17 A TRUE COPY OF THE ADVOCATE W.P.(C.) Nos. 19419 and 5594 of 2023 6 COMMISSIONER'S REPORT DATED 10.2.22 BEFORE THE HON'BLE OMBUDSMAN, THIRUVANANTHAPURAM.
EXHIBIT P18 A TRUE COPY OF THE JUDGMENT DELIVERED IN W P © NO 14497 OF 22 DATED 15.6.22 BY THIS HON'BLE COURT.
EXHIBIT P19 A TRUE COPY OF THE COMMUNICATION BY THE FOURTH RESPONDENT DATED 8.7.22. EXHIBTI P20 A TRUE COPY OF THE COMMUNICATION BY THE PETITIONER DATED 18.7.22.
EXHIBIT P21 A TRUE COPY OF THE RECEIPT ISSUED BY THE FOURTH RESPONDENT DATED 18.7.22. EXHIBIT P22 A TRUE COPY OF THE COMMUNICATION BY THE FOURTH RESPONDENT DATED 24.12.22. EXHIBIT P23 A TRUE COPY OF THE COMMUNICATION BY THE FOURTH RESPONDENT DATED 30.1.23. EXHIBIT P24 TRUE COPY LICENSE APPLICATION DATED 25/03/2023 EXHIBIT P25 A TRUE COPY OF THE RECEIPT DATED 25/03/2023 RESPONDENT EXHIBITS :
EXHIBIT R2(A) A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 21571 OF 2020 DATED 16-10-2020 EXHIBIT R2(B) A TRUE COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER, IDUKKI DATED 03-11-2021 ANNEXURE R5(A) TRUE COPY OF THE CONSENT TO OPERATE, FILE NO.PCB/IDK/CTO/40/2012 DATED 7-4- 2012 ISSUED BY THE POLLUTION CONTROL BOARD.
ANNEXURE R5(B) TRUE COPY OF THE DIRECTION ISSUED BY THE POLLUTION CONTROL BOARD TO THE UNIT AS PER COMMUNICATION NO. PCB/IDK/CTO/ 40/2012 DATED 11-12-2014.
ANNEXURE R5(C) TRUE COPY OF THE CONSENT TO OPERATE
(RENEWAL), FILE NO.
PCB/IDK/CTO/40/2012. DATED 5-12-2015 ISSUED TO THE UNIT BY THE POLLUTION CONTROL BOARD.
ANNEXURE R5(D) TRUE COPY OF THE DIRECTION ISSUED BY THE POLLUTION CONTROL BOARD TO THE UNIT AS PER COMMUNICATION NO.
PCB/IDK/COMP/46/2018 DATED 21-11-2019. W.P.(C.) Nos. 19419 and 5594 of 2023 7 ANNEXURE R5(E) TRUE COPY OF THE DIRECTION ISSUED BY THE POLLUTION CONTROL BOARD TO THE UNIT AS PER COMMUNICATION NO.
PCB/IDK/COMP/46/2018 DATED 25-9-2021. ANNEXURE R5(F) TRUE COPY OF THE LETTER NO.PCB/IDK/COMP/46/2018 DATED 24-2-2022 RECEIVED FROM THE SECRETARY, VANDENMEDU GRAMA PANCHAYAT.
ANNEXURE R5(G) TRUE COPY OF THE LETTER NO.
PCB/IDK/CTO/40/2012 DATED 8-4-2022 SENT BY THE BOARD TO THE SECRETARY, VANDANMEDU GRAMA PANCHAYAT. ANNEXURE R5(H) TRUE COPY OF THE DIRECTION ISSUED TO THE UNIT BY THE POLLUTION CONTROL BOARD AS PER COMMUNICATION NO.
PCB/IDK/COMP/46/2018 DATED 2-3-2023. ANNEXURE R5(I) TRUE COPY OF THE REQUEST LETTER DATED 24-3-2023 SENT BY THE UNIT TO THE POLLUTION CONTROL BOARD.
W.P.(C.) Nos. 19419 and 5594 of 2023 8 APPENDIX OF WP(C) 19419/2023 PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE SALE DEED IN THE NAME OF THE PETITIONER DATED 3.3.2011 REGISTERED WITH THE KATTAPPANA S R O BEARING NO 994 OF 2011.
EXHIBIT P2 A TRUE COPY OF THE AGREEMENT IN THE NAME OF THE PETITIONER DATED 5.4.2011. EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE ANAKKARA VILLAGE OFFICER DATED 9.7.2020.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 3.6.2019. EXHIBIT P5 A TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED 27.3.2019.
EXHIBIT P6 A TRUE COPY OF THE CONSENT PROVIDED TO THE PETITIONER DATED NIL.
EXHIBIT P7 A TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT DATED 18.10.2012.
EXHIBIT P8 A TRUE COPY OF THE LICENSE ISSUED BY THE SECOND RESPONDENT DATED 7.8.2014. EXHIBIT P9 A TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER DATED 17.5.2019. EXHIBIT P10 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 22.2.2020 WITH THE RECEIPT ISSUED EXHIBIT P11 A TRUE COPY OF THE REPLY GIVEN BY THE SECOND RESPONDENT DATED 20.3.2020. EXHIBIT P12 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 3.6.19 WITH THE RECEIPTS AND ANSWER PROVIDED TO THE SAME AND REPORT.
EXHIBIT P13 A TRUE COPY OF THE REPLY GIVEN BY THE SECOND RESPONDENT DATED 6.7.2019. EXHIBIT P14 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 6.2.2020.
EXHIBIT P15 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 6.2.2020. EXHIBIT P16 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 19.2.2020. W.P.(C.) Nos. 19419 and 5594 of 2023 9 EXHIBIT P17 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 19.2.2020 . EXHIBIT P18 A TRUE COPY OF THE DECISION OF THE THIRD RESPONDENT DATED 14.2.2020. EXHIBIT P19 A TRUE COPY OF THE COMMUNICATION TO THE PETITIONER DATED 17.9.2020. EXHIBIT P20 A TRUE COPY OF THE JUDGMENT BY THIS HON'BLE COURT IN W P © NO 21571 OF 20 DATED 16.10.2020.
EXHIBIT P21 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT PANCHAYATH TO THE PETITIONER DATED 27.10.2020 EXHIBIT P22 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 19.2.2021 EXHIBIT P23 A TRUE COPY OF THE COMMUNICATION OF THE SECOND RESPONDENT DATED 3.6.2021 EXHIBIT P24 A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT IN W P C NO. 14497 OF 2022 DATED 15-6-2022 EXHIBIT P25 A TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 23.5.2023. RESPONDENT ANNEXURES :
ANNEXURE R2(A) A TRUE COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT IN W.P.(C) NO.15417/2023
// True Copy // PA To Judge