Mohammed Yahya.P vs Parappur Grama Panchayath
2021 Latest Caselaw 5115 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       THURSDAY, THE 11TH DAY OF FEBRUARY 2021/22ND MAGHA,1942

                       W.P(C).No.3543 OF 2021(P)


PETITIONER:

               MOHAMMED YAHYA.P.
               AGED 29 YEARS, S/O.UMMER, PALASSERI HOUSE,
               VALIYORA P.O., VENGARA, MALAPPURAM DISTRICT.

               BY ADV.SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS:

       1       PARAPPUR GRAMA PANCHAYATH
               PARAPPUR P.O., MALAPPURAM DISTRICT, PIN-676 503,
               REPRESENTED BY ITS SECRETARY.

       2       THE SECRETARY, PARAPPUR GRAMA PANCHAYATH,
               PARAPPUR P.O., MALAPPURAM DISTRICT, PIN-676 503.

       3       THE KERALA STATE POLLUTION CONTROL BOARD,
               DISTRICT OFFICE, PERINTHALMANNA ROAD, UP HILL P.O.,
               MALAPPURAM DISTRICT, PIN-676 505, REPRESENTED BY THE
               ENVIRONMENTAL ENGINEER.

               BY SRI.MANOJ RAMASWAMY, SC
                  SRI.T.NAVEEN, SC

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
    ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
    FOLLOWING:
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                            JUDGMENT

The petitioner has approached this Court challenging

Ext.P11 order that rejected an application for renewal of

licence. Although various contentions are raised in the writ

petition, in its challenge against Ext.P11 order, I am of the view

that against Ext.P11 order, the petitioner has an effective

alternate remedy by way of an appeal before the Appellate

Authority. Accordingly, without prejudice to the right of the

petitioner to move the Appellate Authority, the writ petition, in

its challenge against Ext.P11 order, is dismissed.

Sd/-

                              A.K.JAYASANKARAN NAMBIAR
                                          JUDGE



prp/11/2/2021
     W.P.(C).No.3543/2021           :: 3 ::




                                 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1                 THE TRUE COPY OF THE LICENSE ISSUED BY THE

1ST RESPONDENT GRAMA PANCHAYATH DATED 09.11.2017.

EXHIBIT P2 THE TRUE COPY OF THE LICENSE ISSUED BY THE 1ST RESPONDENT GRAMA PANCHAYATH DATED 26.05.2018.

EXHIBIT P3 THE TRUE COPY OF THE CONSENT ISSUED BY THE EKRALA POLLUTION CONTROL BOARD DATED 22.09.2017.

EXHIBIT P4 THE TRUE COPY OF THE RENEWED CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 06.11.2020.

EXHIBIT P5 THE TRUE COPY OF THE CONSENT ISSUED BY THE FIRE AND RESCUE SERVICE, MALAPPURAM DATED 03.10.2017.

EXHIBIT P6 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT GRAMA PANCHAYATH DATED 16.03.2019.

EXHIBIT P7 THE TRUE COPY OF THE CASH RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 15.03.2019.

EXHIBIT P8 THE TRUE COPY OF THE CASH RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 07.03.2018.

EXHIBIT P9 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 1STRESPONDENT DATED 07.09.2020.

EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN WPC NO.804/2021 OF THIS HON'BLE COURT DATED 12.01.2021.

EXHIBIT P11 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 02.02.2021.

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EXHIBIT P12                THE TRUE COPY OF THE APPLICATION SUBMITTED

BY MARIYUMMA, W/O.UMMER BEFORE THE 3RD RESPONDENT DATED 03.02.2021.

EXHIBIT P13 THE TRUE COPY OF THE PAYMENT DETAILS DATEDM03.02.2021.

EXHIBIT P14 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03.02.2021.

EXHIBIT P15 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 03.02.2021.

EXHIBIT P16 THE TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE 3RD RESPONDENT DATED 08.02.2021.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE