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Laly Sebastian vs The Mutholy Grama Panchayath
2021 Latest Caselaw 4577 Ker

Citation : 2021 Latest Caselaw 4577 Ker
Judgement Date : 9 February, 2021

Kerala High Court
Laly Sebastian vs The Mutholy Grama Panchayath on 9 February, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

      TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.5042 OF 2013(E)


PETITIONERS:

               LALY SEBASTIAN
               W/O.JOSEPH,VARAPARAMBIL HOUSE,
               MUTHOLY POST,KOTTAYAM.

               BY ADVS.
               SRI.MATHEW JOHN (K)
               SHRI.DOMSON J.VATTAKUZHY

RESPONDENTS:

       1       THE MUTHOLY GRAMA PANCHAYATH
               MUTHOLY POST,KOTTAYAM,
               REPRESENTED BY THE SECRETARY,PIN-686597.

       2       THE MUTHOLY GRAMA PANCHAYATH COMMITTEE
               REPRESENTED BY ITS PRESIDENT,
               MUTHOLY POST,KOTTAYAM,PIN-686597.

       3       K.M.MATHEW
               S/O.MATHAI,KOCHINIKUNNEL HOUSE,
               MUTHOLY POST,KOTTAYAM,PIN-686597.

       4       THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS
               THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY,
               PIN-695001.

  *    5       DIVAKARAN.E.K.
               S/O.KOCHUKUNJU, AGED 64 YEARS, RESIDING AT ENCHAYIL
               HOUSE, MUTHOLY.P.O., KOTTAYAM DISTRICT, PIN -686597.

  *    6       V.S.SEBASTIAN
               VALLIKKATTUKUZHIYIL HOUSE, MUTHOLY.P.O.,
               KOTTAYAM DISTRICT, PIN -686597.

  *    7       LUKACHAN JOSEPH
               VALLIKKATTUKUZHIYIL HOUSE, CHERPUNKAL.P.O., KOTTAYAM
               DISTRICT, PIN -686584.

  *    8       C.J.JOSEPH
               CHELAKATTU HOUSE, MUTHOLY.P.O., KOTTAYAM DISTRICT,
               PIN -686597.
 WP(C).No.5042 OF 2013(E)

                               2


  *   9      K.U.FRANCIES
             VARAPARAMBIL HOUSE, MUTHOLY.P.O.,
             KOTTAYAM DISTRICT, PIN -686597.

  *   10     V.J.MATHEW
             VETTIKOMBIL HOUSE, MUTHOLY.P.O., KOTTAYAM DISTRICT,
             PIN -686597.

             *ADDITIONAL RESPONDENTS 5 TO 10 IMPLEADED AS PER
             ORDER DATED 03/07/13 IN I.A. NO.7149/13

             BY ADVS:
             SRI.SUNIL CYRIAC,SC,MUTHOLY GRAMA PANCHAYAT
             SRI.N.K.SUBRAMANIAN
             SRI.LAL GEORGE


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.02.2021, ALONG WITH WP(C).33996/2016(Y), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5042 OF 2013(E)

                                  3


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                        WP(C).No.33996 OF 2016


PETITIONER

               JOSE.V.S
               VALLIKATTUKUZHIYIL HOUSE, MUTHOLY P.O,
               KOTTAYAM DISTRICT PIN 686 597.

               BY ADV. SRI.LAL GEORGE

RESPONDENTS:

      1        THE MUTHOLY GRAMA PANCHAYATH
               MUTHOLY P.O, KOTTAYAM DISTRICT, PIN 686 597,
               REPRESENTED BY THE SECRETARY.

      2        THE PRESIDENT
               MUTHOLY GRAMA PANCHAYATH, MUTHOLY P.O,
               KOTTAYAM DISTRICT PIN 686 597.

      3        LALY SEBASTIAN
               W/O. JOSEPH, VARAPARAMBIL HOUSE, MUTHOLY P.O,
               KOTTAYAM DISTRICT PIN 686 597.

      4        THE DEPUTY DIRECTOR OF PANCHAYATH
               COLLECTORATE KOTTAYAM, 686 001.

               BY ADVS:
               SRI.SUNIL CYRIAC
               SRI.MATHEW JOHN (K)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.02.2021, ALONG WITH WP(C).5042/2013(E), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).No.5042 OF 2013(E)

                                           4




                 W.P.(C) Nos.5042 of 2013 & 33996 of 2016
                   --------------------------------------------------


                                 JUDGMENT

The issues arising for consideration in these writ petitions being

closely interlinked, they are disposed of by this common judgment. Parties

and documents are referred to in this judgment, unless otherwise

mentioned, as they appear in W.P.(C) No.5042 of 2013.

2. The petitioner is running a rubber band manufacturing

industry within the limits of the first respondent Grama Panchayat.

According to the petitioner, she is running the industrial unit since 2003 after

obtaining all the requisite licences, including the licence of the Panchayat.

Ext.P5 is the application preferred by the petitioner for licence under the

Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades

and Factories) Rules, 1996 (the Rules), for the year 2012-13. Licence has

been granted to the petitioner on Ext.P5 application only for the period upto

30.06.2012 as the consent obtained by the petitioner for operating the unit

from the Pollution Control Board was due to expire on 30.06.2012. Ext.P6 is

the licence issued to the petitioner in this regard. It is stated by the

petitioner that before the expiry of Ext.P6 licence, the petitioner obtained

renewal of the consent of the Pollution Control Board and requested the

Panchayat to extend the validity of Ext.P6 licence till 31.03.2013. The

Secretary of the Panchayat placed the said request of the petitioner before WP(C).No.5042 OF 2013(E)

the Panchayat since a complaint has been received by the Panchayat in the

meanwhile concerning the functioning of the industrial unit of the petitioner.

On the said reference, the Panchayat decided to renew the licence of the

petitioner upto 31.03.2013. Ext.P7 is the decision taken by the Panchayat in

this regard. In the light of Ext.P7 decision, the Secretary of the Panchayat

issued a revised licence to the petitioner under the Rules for the period upto

31.03.2013. Ext.P8 is the said licence. Ext.P7 decision of the Panchayat and

Ext.P8 licence have been challenged by one K.M.Mathew before the Tribunal

for Local Self Government Institutions (the Tribunal) in Appeal No.1070 of

2012. In the said appeal, the Tribunal found that the petitioner has not

obtained permission of the Panchayat under Section 233 of the Kerala

Panchayat Raj Act, 1994 (the Act) for establishing the industrial unit and the

licence issued to the petitioner under the Rules is therefore, illegal. The

Tribunal, in the circumstances, disposed of the appeal as per Ext.P12 order

permitting the petitioner to prefer an application for permission before the

Panchayat under Section 233 of the Act and an application for licence before

the Secretary of the Panchayat under Rule 12(2) of the Rules. As per Ext.P12

order, the Tribunal has also directed the Secretary of the Panchayat to

submit the report provided for under Section 233 of the Act before the

Panchayat and directed the Panchayat to consider the application of the

petitioner for permission under Section 233 of the Act on the basis of the

said report. It was also directed by the Tribunal in the said order that if the

Panchayat decides to grant permission to the petitioner under Section 233 of

the Act, the Secretary shall consider the application for licence submitted by WP(C).No.5042 OF 2013(E)

the petitioner in accordance with law thereafter. In terms of Ext.P12 order,

the Tribunal has also restrained the petitioner from running the industrial

unit till he obtains licence under the Rules. W.P.(C)No.5042 of 2013 is

instituted challenging Ext.P12 order of the Tribunal.

3. On 22.02.2013, this Court passed the following interim

order.

"Admit. Issue notice by speed post to respondents 1 to 3. Notice to the 4th respondent is dispensed with.

2. The learned counsel for the petitioner under takes that the petitioner would not use any motor in excess of 5 HP and seeks permission to run the factory for a period of two weeks for the purpose of completing the manufacturing process of half finished goods, that are remaining in the premises. Otherwise, it is conceded that the petitioner would suffer loss to the tune of lakhs of rupees.

In view of the above submissions, the petitioner is granted permission to operate the factory for a period of two weeks for the only purpose of completing the manufacturing process of semi-processed goods that are remaining at the factory premises, using the 5 HP motor. The first respondent shall ensure that the above conditions are complied with.

Hand over."

It is seen that the said interim order has been extended by this court from

time to time and the petitioner is running the industrial unit based on the

interim order ever since 22.02.2013.

4. W.P.(C) No.33996 of 2016 is a writ petition filed in the

meanwhile by a person residing in the neighborhood of the industrial unit of

the petitioner, seeking orders directing the Panchayat to ensure that the

petitioner does not operate the industrial unit without obtaining licence from WP(C).No.5042 OF 2013(E)

the Panchayat.

5. Heard the learned counsel for the petitioners in the writ

petitions and the learned counsel for the Panchayat.

6. When the matters were taken up for hearing today, the

learned counsel for the petitioner conceded that the petitioner has been

operating the industrial since 22.02.2013 based on the interim order passed

by this court on 22.02.2013 as extended from time to time, and that the

petitioner has neither obtained permission of the Panchayat under Section

233 of the Act nor obtained licence under the Rules.

7. Be that as it may, the main contention raised by the

learned counsel for the petitioner is that the petitioner need not have to

obtain permission of the Panchayat under Section 233 of the Act, as the

capacity of the machinery used by her in the industrial unit is less than 5 HP.

It was also contended by the learned counsel for the petitioner that in the

light of Ext.P29 order of the Government, she is not required to obtain

licence under the Rules also for the industrial unit run by her. According to

the petitioner, Ext.P12 order of the Tribunal, in the circumstances, is liable to

be interfered with.

8. Per contra, the learned counsel for the petitioner in W.P.(C)

No.33996 of 2016 pointed out that the industrial unit of the petitioner is

causing severe pollution and life near the unit has become miserable. It was

also pointed out by the learned counsel for the petitioner in the said case

that earlier, taking advantage of the fact that the industrial unit is situated

on the boundary of the first respondent Panchayat and Kozhuvanal Grama WP(C).No.5042 OF 2013(E)

Panchayat, the petitioner obtained licence from Kozhuvanal Grama

Panchayat and having found that the industry is causing pollution, the said

licence has been revoked by the said Panchayat. According to the learned

counsel for the petitioner in the said case, no interference is called for in the

order passed by the Tribunal.

9. The first and foremost issue to be considered is as to

whether the petitioner is required to obtain permission under Section 233 of

the Act. No doubt, if the petitioner does not use machinery having capacity

exceeding 5 HP, she is not obliged to obtain permission of the Panchayat

under Section 233 of the Act. Though the learned counsel for the petitioner

asserted at the time of hearing that the petitioner does not use machinery

having capacity exceeding 5 HP in her industry, it is seen that the petitioner

has claimed in Ext.P5 application preferred by her for licence under the Rules

for the year 2012-13 that she is using machinery having a capacity of 8 HP

in her industry. In so far as the petitioner claimed that she is using

machinery having capacity of 8 HP in her industrial unit, it is unnecessary to

go into the question as to whether the petitioner is using machinery having

capacity exceeding 5HP, for the purpose of examining the correctness of the

decision of the Tribunal. Needless to say that when the petitioner had

claimed in the application for licence that she is using machinery having a

capacity exceeding 5 HP in her industrial unit, the Tribunal cannot be found

fault with for having required the petitioner to obtain permission of the

Panchayat under Section 233 of the Act.

10. Coming to the contention raised by the petitioner based on WP(C).No.5042 OF 2013(E)

Ext.P29 order of the Government, it is to be noted that the requirement of

the licence is one under Section 232 of the Act, and the Rules have been

issued for governing the grant of licence under Section 232 of the Act. It is

trite that a statutory requirement cannot be nullified by the Government in

terms of an executive order. Be that as it may, a reading of Ext.P29 order

would indicate that the Government has exempted only nano household

units from the requirement of the licence under the Act. The said aspect is

evident from Ext.P29 order itself. The operative portion of Ext.P29 reads

thus :

"(2) സർകകർ ഇകകരരര വവശദമകയവ പരവശശകധവച. ശകേരള പഞകയതത്ത് രകജത്ത് ആകത്ത് 1994 (Section 233B ) പ്രകേകരവര മുനവസവപകലവറവ ആകത്ത് 1994 (Section 450)പ്രകേകരവര വരവസകയ വകപവനനയര മലവനനകേരണ നവയനണ ശബകർഡവനനയര അരഗനകേകരമുള 5HP യവൽ തകനഴ ശശഷവയള ഉപകേരണങൾ ഉപശയകഗനപടതന വരവസകയ യണവറകേൾകത്ത് പഞകയതത്ത്, മുനവസവപകലവറവ എനവവയനട അനമതവ ആവശരമവലകനയനളതവനകൽ നകശനക ഹഹസത്ത് ശഹകൾഡത്ത് യണവറകേനള പരകമർശര(1)നല ഉതരവവനല മകർഗ നവർശദശതവൽ പ്രതവപകദവചവരവകര പ്രകേകരര തശദശ സസയര ഭരണ സകപനങൾ നൽകന ലലസൻസത്ത് എടകനതവൽ നവനര ഒഴവവകകവനകകണത്ത് ഉതരവത്ത് പുറനപടവവകന."

Ext.P29 Government Order has been produced by the petitioner along with

her counter affidavit in I.A.No.1 of 2020. In the said counter affidavit, the

petitioner has no case that her industrial unit is a nano household unit. On

the other hand, what is stated by her in the counter affidavit is that in terms

of the said order, the Government has exempted all industrial units using

machinery having capacity below 5 HP, from the obligation to obtain licence

under the Rules. The said stand of the petitioner is per se contrary to the

requirement under Section 232 of the Act. In other words, so long as the WP(C).No.5042 OF 2013(E)

industrial unit of the petitioner falls within the scope of Section 232 of the

Act, she is required to obtain licence under the Rules. Needless to say that

there is absolutely no infirmity in Ext.P12 decision of the Tribunal.

11. However, in the light of the specific contention of the

petitioner that she is not using machinery having capacity exceeding 5 HP

in the industrial unit, and in the light of the specific contention of the

petitioner in W.P.(C) No.33996 of 2016 that the industry of the petitioner is

causing pollution and nuisance, the writ petitions are disposed of with the

following directions :

1) The directions (a), (c), (d), (e), (f) and (g) in Ext.P12 order

of the Tribunal will stand confirmed. It is, however, made clear that if the

petitioner does not use machinery having capacity exceeding 5 HP, she need

not have to obtain permission of the Panchayat under Section 233 of the Act.

2) The Secretary of the Panchayat shall inspect the industrial

unit of the petitioner on receipt of a copy of this judgment and ascertain the

capacity of the machinery used by the petitioner with the assistance of an

expert. It is clarified that if it is found that the capacity of the machinery

used by the petitioner does not exceed 5 HP, the Secretary of the Panchayat

can straight away consider the application for licence under the Rules, if an

application is made for licence by the petitioner under the Rules in the

meanwhile.

3) If it is found that the petitioner is entitled to licence under

the Rules as per the existing norms, the Secretary shall also consider, before

issuing licence, as to whether the industrial unit is likely to cause nuisance, WP(C).No.5042 OF 2013(E)

as provided for under sub section (1) of Section 233A of the Act, and issue

appropriate directions to the petitioner under that provision as well, after

complying with the provisions contained in sub section(2) of Section 233A of

the Act.

4) If the petitioner prefers application for permission under

Section 233 of the Act and for licence under the Rules as permitted by the

Tribunal in Ext.P12 order, the proceedings directed in the said order as also

the directions issued in this judgment shall be complied with by the

Panchayat/Secretary within two months from the date of receipt of a copy of

this judgment.

5) It is clarified that as the petitioner does not have licence to

run the industrial unit as of now, she will be entitled to run the unit only after

obtaining licence.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Mn WP(C).No.5042 OF 2013(E)

APPENDIX OF WP(C) 5042/2013 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 08/10/2003 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 16/11/2005 ISSUED BY THE KHADI AND VILLAGE INDUSTRIES COMMISSION.

EXHIBIT P3 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 08/08/2012.

EXHIBIT P4 A TRUE COPY OF THE REPORT OF THE SUB COMMITTEE.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY THE PETITIONER DATED 12/03/2012.

EXHIBIT P6 A TRUE COPY OF THE LICENSE DATED 03/04/2012 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE RESOLUTION DATED 03/10/2012 BY THE 1ST RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE LICENSE DATED 01/11/2012 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE 3RD RESPONDENT DATED 28/12/2012 BEFORE THE 4TH RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER.

EXHIBIT P11 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS 1 AND 2 DATED 15/01/2013.

EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 13/02/2013 IN APPEAL NO.1070/2012 BY THE 4TH RESPONDENT.

EXHIBIT P13 A TRUE COPY OF THE PROCEEDINGS OF THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA.

WP(C).No.5042 OF 2013(E)

EXHIBIT P14 A TRUE COPY OF THE COMMUNICATION DATED 29/06/2012 ISSUED BY THE SECRETARY, KOZHUVANAL GRAMA PANCHAYATH TO THE 1ST RESPONDENT.

EXHIBIT P15 (1). A TRUE COPY OF THE CONSENT TO OPERATE DATED 17/02/2004 ISSUED BY THE POLLUTION CONTROL BOARD. (2). A TRUE COPY OF THE APPLICATION DATED 09/11/2013.

EXHIBIT P16 (1). A TRUE COPY OF THE APPLICATION TO THE PETITIONER DATED 07/12/2004 TO THE SECRETARY, MUTHOLY GRAMA PANCHAYATH. (2). A TRUE COPY OF THE APPLICATION DATED 25/02/2019.

EXHIBIT P17 (1). A TRUE COPY OF THE PROCEEDINGS DATED 09/12/2004 GRANTING PERMISSION TO THE PETITIONER. (2). A TRUE COPY OF THE ACKNOWLEDGMENT DATED 25/02/2019.

EXHIBIT P18 A TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER DATED 05/04/2005.

EXHIBIT P19 A TRUE COPY OF THE LETTER DATED 19/02/2013 BY THE SECRETARY TO THE TAHSILDAR, MEENACHIL.

EXHIBIT P20 A TRUE COPY OF THE REPLY BY THE ADDITIONAL TAHSILDAR TO THE SECRETARY DATED 08/03/2013.

EXHIBIT P21 A TRUE COPY OF THE LETTER DATED 22/03/2013 BY THE ADDITIONAL TAHSILDAR TO THE SECRETARY.

EXHIBIT P22 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 02/03/2013.

EXHIBIT P22(A)       A TRUE COPY OF THE SKETCH.

EXHIBIT P23          A TRUE COPY OF THE LETTER BY THE SECRETARY

TO THE DISTRICT COLLECTOR DATED 08/04/2013.

EXHIBIT P24 A TRUE COPY OF THE REPLY DATED 26/04/2013 BY THE DISTRICT COLLECTOR TO THE SECRETARY.

EXHIBIT P25 A TRUE COPY OF THE LETTER BY THE SECRETARY OF THE KOZHUVANAL GRAMA PANCHAYATH TO THE SECRETARY TO THE MUTHOLY GRAMA PANCHAYATH. WP(C).No.5042 OF 2013(E)

EXHIBIT P26 A TRUE COPY OF THE LETTER BY THE SECRETARY OF THE MUTHOLY GRAMA PANCHAYAT TO THE DISTRICT COLLECTOR DATED 18/06/2012.

EXHIBIT P27 A TRUE COPY OF THE REPORT OF THE SUB COMMITTEE DATED 15/05/2012.

EXHIBIT P28 TRUE COPY OF THE REPORT DATED 13/12/2020 PREPARED BY THE TECHNICAL ASSISTANT GRADE- II, ATTACHED TO THE OFFICE OF THE DISTRICT MEDICAL OFFICER, KOTTAYAM.

EXHIBIT P29 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.....2020/LSGD DATED 01/2020.

EXHIBIT P30 TRUE COPY OF THE APPLICATION FOR RENEWAL OF THE LICENSE FOR THE PERIOD 2020-23 SUBMITTED BY THE PETITIONER ON 29/02/2020.

EXHIBIT P31 TRUE COPY OF THE RECEIPT ISSUED BY THE GRAMA PANCHAYATH ACKNOWLEDGING ACCEPTANCE OF EXT.P30 APPLICATION.

RESPONDENT'S EXHIBITS:

EXHIBIT R5 A PHOTOSTAT COPY OF THE REPRESENTATION DATED 9-11-2013

EXHIBIT R5 B PHOTOSTAT COPY OF THE UNANIMOUS DECISION DATED 15.10.2003 TAKEN BY THE KOZHUVANAL GRAMA PANCHAYATH CANCELING THE LICENSE

EXHIBIT R5 C PHOTOSTAT COPY OF THE RESOLUTION DATED 1.12.2015

EXHIBIT R5 D PHOTOSTAT COPY OF THE COVERING LETTER

EXHIBIT R5 E PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER HEREIN IN THAT REGARD

EXHIBIT R5 F PHOTOSTAT COPY OF THE COMMUNICATION DATED 9-10-2019

EXHIBIT R5(g): TRUE PHOTOCOPY OF THE REPORT DATED 19/02/2020 OBTAINED FROM THE MULTHOLY GRAMA PANCHAYAT.

EXHIBIT R5(H) TRUE PHOTOGRAPHS SHOWING PREMISES OF THE FACTORY DURING FLOOD TIME.

WP(C).No.5042 OF 2013(E)

EXHIBIT R5(I) TRUE PHOTOGRAPH SHOWING THE FACTORY BUILDING AND ITS PREMISES.

EXHIBIT R3(A) TRUE COPY OF THE RESOLUTION NO.9 DATED 15/10/2003 OF KOZHUVINAL GRAMA PANCHAYAT.

EXHIBIT R3(B) TRUE COPY OF SALE DEED NO.589/2002 EXECUTED IN FAVOUR OF THE PETITIONER.

EXHIBIT R3(C) TRUE COPY OF REPORT DATED 18/04/2012 OF THE VILLAGE OFFICER, PULIYANNOOR VILLAGE.

EXHIBIT R3(D) TRUE COPY OF MASS PETITION DATED 20/09/2012 SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA WP(C).No.5042 OF 2013(E)

APPENDIX OF WP(C) 33996/2016 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 13-02-2013 PASSED BY THE TRIBUNAL IN APPEAL NO 1070/2012

EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY POLLUTION CONTROL BOARD TO THE 3RD RESPONDENT DATED 08-08-2012

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 09-

11-2013 FILED BY THE PETITIONERS AND OTHER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 09-

11-2013 FILED BY THE PETITIONERS AND OTHER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTAITON DATED 09-

11-2013 FILED BY THE SECRETARY OF MANJANKKALKUNNU DRINKING WATER SUPPLY SOCIETY BEFORE RESPONDENT NO 1 AND 2

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 13-10-2015 IN WP(C) NO 31309/2013

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 17-02-2016 PASSED BY THE 2ND RESPONDENT.

 
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