Zeenath Beevi vs The Secretary, Pullampara Grama ...

Kerala High Court

Zeenath Beevi vs The Secretary, Pullampara Grama ... on 20 May, 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
        MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                       WP(C) NO. 21577 OF 2017
PETITIONER:
           ZEENATH BEEVI
           AGED 54 YEARS
           W/O.MUHAMMED HANEEF, AGED 54 YEARS,RESIDING AT
           THEMPAKALA HOUSE,NEAR BLOCK OFFICE,
           VENJARAMOODU,NELLANAD VILLAGE, THIRUVANANTHAPURAM
           DISTRICT.

            BY ADV SRI.B.KRISHNA MANI


RESPONDENTS:
     1     THE SECRETARY, PULLAMPARA GRAMA PANCHAYATH
           PULLAMPARA GRAMA PANCHAYAT,PULLAMPARA P.O.,
           VENJARAMMOODU,THIRUVANANTHAPURAM - 695607.
    2       THAHIR
            AGED 58 YEARS
            S/O.IBRAHIMKUNJU, AGED 58 YEARS,RESIDING AT
            KIZHAKKEKARA PUTHENVEEDU,NOW RESIDING AT KKS MANZIL
            (SHERIN MANZIL),ANCHAMKALLU, KOONANVENGA, MANICKAL
            MURI,PULLAMPARA VILLAGE,
            VENJARAMMOODU,THIRUVANANTHAPURAM - 695607.
    3       SHYLA BEEGUM
            W/O.THAHIR, RESIDING AT KKS MANZIL (SHERIN
            MANZI),ANCHAMKALLU, KOONANVENGA, MANICKAL
            MURI,PULLAMPARA VILLAGE, THIRUVANANTHAPURAM - 695607.
    4       SHERIN
            S/O.THAHIR, RESIDING AT KKS MANZIL (SHERIN
            MANZIL),ANCHAMKALLU, KOONANVENGA, MANICKAL
            MURI,PULLAMPARA VILLAGE,THIRUVANANTHAPURAM - 695607.
    5       MUHAMMED HANEEFA
            F/O.THAHIR, RESIDING AT KKS MANZIL (SHERIN
            MANZIL),ANCHAMKALLU, KOONANVENGA, MANICKAL
            MURI,PULLAMPARA VILLAGE,THIRUVANANTHAPURAM - 695607.
            BY ADV SRI.R.B.RAJESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.21577 of 2017


                                         2

                       P.V.KUNHIKRISHNAN,J.
                    ---------------------
                       W.P (C) No.21577 of 2017
                 ---------------------------
                   Dated this the 20th day of May, 2024

                                  JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to renew the license in respect of the petitioner's unit, M/s.Royal Bricks and Tiles, Chullalam, Venjarammoodu in Thiruvananthapuram District.

ii) Issue an interim direction directing the first respondent to renew the license in respect of the petitioner's unit, M/s.Royal Bricks and Tiles, Chullalam, Venjarammoodu in Thiruvananthapuram District.

          iii)     Award costs and

          iv)      Any other reliefs this Hon'ble Court."   [SIC]

2. When this writ petition came up for consideration on 10.08.2017, this Court passed the following order:-

"The learned Counsel for the Panchayat submits that consideration shall be made, if an application for licence is submitted. If the petitioner files an application complying with all the legal formalities, within a week, the said application shall be considered and orders passed, within a period of two weeks thereafter. It is made clear that the issuance of the licence would be provisional and subject to the result of the writ petition."

3. In the light of the above order, no further orders are necessary. If there is any fresh cause of action, the same is left open.

Recording the order dated 10.08.2017, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.21577 of 2017 4 APPENDIX OF WP(C) 21577/2017 PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 6/8/2012.

EXHIBIT-P2: TRUE COPY OF THE ORDER DATED 2/4/2013 ISSUED BY THE PULLAMPARA GRAMA PANCHAYAT.

EXHIBIT-P3: TRUE COPY OF THE SANITARY CERTIFICATE DATED 25/9/2011 ISSUED BY THE HEALTH INSPECTOR, PULLAMPARA.

EXHIBIT-P4: TRUE COPY OF THE PROCEEDING DATED 30.01.2015 ISSUED BY THE POLLUTION CONTROL BOARD.

EXHIBIT-P5: TRUE COPY OF THE LICENSE DATED 1/4/2015.

EXHIBIT-P6: TRUE COPY OF THE PLAINT, O.S.NO.932/2014 BEFORE THE MUNSIFF'S COURT, NEDUMANGAD DATED 14/11/2014.

EXHIBIT-P7: TRUE COPY OF THE REVISION PETITION NO.98 OF 2015 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED NIL.

EXHIBIT-P8: TRUE COPY OF THE STATEMENT OF OBJECTION DATED NIL IN R.P.NO.98/2015 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT-P9: TRUE COPY OF THE WRITTEN STATEMENT DATED 08.12.2015 IN R.P.NO.98/2015 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.