Mohammed Yahya P vs Parappur Grama Panchayath
2021 Latest Caselaw 5771 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.4172 OF 2021(V)


PETITIONER:

               MOHAMMED YAHYA P.
               AGED 29 YEARS
               S/O. UMMAR, 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-676503,
               REPRESENTED BY ITS SECRETARY.

      2        THE SECRETARY,
               PARAPPUR GRAMA PANCHAYATH, PARAPPUR P.O.,
               MALAPPURAM DISTRICT-676503.

      3        THE KERALA POLLUTION CONTROL BOARD,
               DISTRICT OFFICE, PERINTHALMANNA ROAD, UP HILL P.O.,
               MALAPPURAM DISTRICT-676505, REPRESENTED BY THE
               ENVIRONMENTAL ENGINEER.

               SRI.T.NAVEEN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            ==================
                  W. P. (C) No.4172 of 2021
            ==================
           Dated this the 17th day of February, 2021

                              JUDGMENT

The petitioner is the owner of a steel frames

manufacturing unit, situated within the first

respondent Grama Panchayat area. The unit had been

functioning since the year 2017 with due licence

and permission from the concerned authorities

including the Panchayat. The petitioner has

approached this Court aggrieved by the rejection of

his application for renewal of licence, by the

second respondent Secretary of the Panchayat.

2. Heard learned counsel Sri.C.M.Mohammed

Iquabal, appearing for the petitioner, Sri.Manoj

Ramaswami, learned Standing Counsel for the

Panchayat and also Sri.T.Naveen, learned Standing

Counsel for the Pollution Control Board.

3. The application for renewal of licence was

rejected by the Secretary for the reason that the

consent issued by the Pollution Control Board to

the petitioner is for functioning of a 5 HP motor W. P. (C) No.4172 of 2021

whereas the unit of the petitioner is functioning

with a 20 HP motor.

4. According to the petitioner, the mentioning

of 5 HP in the consent issued by the Pollution

Control Board was a clerical mistake and that he

has got it corrected, and a variation order has

been issued by the Pollution Control Board.

Challenging the order of the Secretary rejecting

the application for renewal of licence, the

petitioner has approached the first respondent

Panchayat in appeal (Ext.P13) and the same is

pending. The fact that the consent variation order

has been issued by the Pollution Control Board

permitting user of 20 HP motor is evidenced by

Ext.P11.

In the circumstances, I dispose of this writ

petition directing the first respondent Panchayat

to consider and pass appropriate orders on Ext.P13

appeal, after hearing the petitioner, within a

period of one month from the date of receipt of a

copy of this judgment. Till orders are passed on

the appeal, the petitioner shall be permitted to W. P. (C) No.4172 of 2021

function the unit, on him satisfying all the other

statutory requirements/permissions.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.4172 OF 2021(V)

APPENDIX PETITIONER'S/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 KERALA STATE 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 SERVICES, 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 RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 07/09/2020.

EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT IN WPC NO.804/2021 OF THIS HON'BLE COURT DATED 12/01/2021.

EXHIBIT P10 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 02/02/2021.

EXHIBIT P11 THE TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE 3RD RESPONDENT DATED 08/02/2021.

EXHIBIT P12 THE TRUE COPY OF THE JUDGMENT IN WPC NO.3543/2021 OF THIS HON'BLE COURT DATED 11/02/2021.

APPENDIX-WP(C).No.4172 OF 2021(V)

EXHIBIT P13 THE TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12/02/2021.

EXHIBIT P14 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 12/02/2021.

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