Majida Ibrahim vs The State Of Kerala
2021 Latest Caselaw 17376 Ker

Citation : 2021 Latest Caselaw 17376 Ker
Judgement Date : 25 August, 2021

Kerala High Court

Majida Ibrahim vs The State Of Kerala on 25 August, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 25TH DAY OF AUGUST 2021/3RD BHADRA, 1943
                  W.P.(C)NO. 20575 OF 2020
PETITIONER:
          MAJIDA IBRAHIM, AGED 60 YEARS,
          W/O.IBRAHIM, RESIDING AT ALUMKADAYIL,
          PARAKKULAM, KOTTIYAM KOLLAM 691 532.
          BY ADVS.
          SRI.S.SREEKUMAR (KOLLAM)
          SMT.V.BEENA
RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY,
          LOCAL SELF GOVERNMENT, SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.
    2     THE SECRETARY,
          MAYYANAD GRAMA PANCHAYATH,
          MAYYANAD P.O., KOLLAM 691 303.
    3     THE ENVIROMENTAL ENGINEER,
          POLLUTION CONTROL BOARD, USHAS BUILDING,
          BIG BAZAR, KOLLAM 691 001.
    4     MR.NIZAR, S/O.HANEEFA KUNJU,
          RESIDING AT VARAYANIVILA VEEDU, PARAKKULAM,
          THAZHUTHALA VILLAGE, KOLLAM,
          PROPRIETOR OF HK FLOWER MILL, PARAKKULAM,
          THAZHUTHALA VILLAGE, KOLLAM 691 532,
 ADDL.5   THE STATION HOUSE OFFICER,
          KOTTIYAM POLICE STATION,
          KOLLAM DISTRICT, PIN-691 532.

          (ADDL. R5 IS IMPLEADED AS PER ORDER DATED
          8/10/2020 IN I.A. NO.1/2020 IN WP(C)20575/2020)

          BY ADVS.
          SRI.M.R.SASITH - FOR R2
          SRI.P.M.UNNI NAMBOODIRI - FOR R4
          SRI.VIPIN NARAYAN, GOVERNMENT PLEADER
          SRI.T.NAVEEN, SC
          SMT.PRIYA SHANAVAS (APPEARS)
     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 25.08.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.20575/2020
                                 :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 25th day of August, 2021

The petitioner has approached this Court

seeking to direct respondents 1 to 3 to take necessary

action against illegal functioning of the H.K. Flour Mill

owned and conducted by the 4th respondent. The

petitioner contended that the 4th respondent does not

possess licence issued by the Panchayat and is running

the Unit without the consent of the Pollution Control Board.

Though the Panhayat issued Exts.P4 and P5 notices,

those notices have not been implemented, contended the

petitioner.

2. The learned Standing Counsel appearing for the

Panchayat informed the Court that pursuant to the orders

of this Court on 08.10.2020, the Panchayat has interfered WP(C) No.20575/2020

in the matter and stopped the functioning of the flour mill of

the 4th respondent. The Standing Counsel for the

Panchayat submitted that the 4th respondent has only

produced a Consent to Establish, from the Pollution

Control Board and unless a Consent to Operate also is not

produced, the Panchayat will not be able to process the

application.

3. The learned Standing Counsel appearing for the

Pollution Control Board submitted that the Pollution

Control Board has issued a Consent to Operate, in favour

of the mill on 20.01.2021. What is remaining is that the

Panchayat has to take a decision on the application for

renewal of licence submitted by the 4 th respondent. The

petitioner would submit that the application for renewal

cannot be granted.

4. In the facts and circumstances of the case, since

the Panchayat has already implemented the notices issued

by it, this Court is of the view that the writ petition can be WP(C) No.20575/2020

disposed of permitting the Panchayat to consider the

application for renewal of licence submitted by the 4 th

respondent. While considering that application, the

Panchayat shall also give an opportunity of hearing to the

petitioner as well as the 4th respondent.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE

aks/31.08.2021 WP(C) No.20575/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE DISCHARGE CERTIFICATE OF THE PETITIONERS HUSBAND ISSUED FROM THE HOLY CROSS HOSPITAL KOTTIYAM.

EXHIBIT P2 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONERS GRANDSON NAHYAN NUNEER ISSUED FROM THE KIMS HOSPITAL, KOLLAM.

EXHIBIT P3 THE TRUE COPY OF THE DISCHARGE SUMMARY DATED 28.04.2010 OF THE PETITIONERS GRANDDAUGHTER ISSUED FROM THE BISHOP HOSPITAL KOLLAM.

EXHIBIT P4            THE TRUE COPY OF THE COMPLAINT DATED
                      16.01.2020     ISSUED    TO     THE    2ND
                      RESPONDENT.
EXHIBIT P5            THE TRUE COPY OF THE NOTICE DATED

17.02.2020 ISSUED BY THE 2ND RESPONDENT ADDRESSING THE 4TH RESPONDENT. EXHIBIT P6 THE TRUE COPY OF THE NOTICE DATED 19.03.2020 ADDRESSING THE 4TH RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE LETTER ISSUED FROM THE KERALA STATE POLLUTION CONTROL BOARD, KOLLAM.

EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT DATED 17.09.2020 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE COMPLAINT DATED 11.02.2020 FILED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, KOTTIYAM POLICE STATION, KOLLAM DISTRICT.

RESPONDENTS' EXHIBITS:

EXHIBIT R4 A TRUE COPY OF THE CERTIFICATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD DATED 29.10.2018 WP(C) No.20575/2020

EXHIBIT R4 B TRUE COPY OF THE LICENSE OBTAINED FROM 2ND RESPONDENT DATED 20.12.2018 EXHIBIT R4 C TRUE COPY OF THE RECEIPT DATED 19.12.2019 ISSUED BY 2ND RESPONDENT FOR RENEWAL OF LICENSE EXHIBIT R4 D TRUE COPY OF LAST ELECTRICITY BILL EXHIBIT R4 E TRUE COPY OF BUILDING TAX RECEIPT DATED 05.11.2020