Kerala High Court
Biju M vs The District Collector on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.28453 OF 2020(F)
PETITIONER:
BIJU M.
AGED 45 YEARS
S/O.MURUKAN, LEKSHMI KRISHNA NILAYAM, KOTTAMOM,
PARASUVAIKAL, PARASSALA, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.G.SUDHEER
SRI.R.HARIKRISHNAN (H-308)
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695 043.
2 PARASSALA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE,
PARASSALA P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695 502.
3 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY THE ENVIRONMENT ENGINEER,
DISTRICT OFFICE, PLAMOODU JUNCTION,
PATTOM PALACE P.O., THIRUVANANTHAPURAM,
PIN - 695 001.
4 THE HEALTH INSPECTOR
PRIMARY HEALTH CENTRE, PARASSUVAIKKAL P.O.,
PARASSALA, NEYYATTINKARA - 695 508.
5 CIRCLE INSPECTOR OF POLICE
PARASSALA POLICE STATION, PARASSALA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 502.
6 SANTHOSH
PROPRIETOR, KAILAS FLOUR MILL, KOTTAMOM, SANTHOSH
BHAVAN, PARASSUVAIKKAL P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM - 695 508.
WP(C).No.28453 OF 2020(F)
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7 THE DISTRICT INDUSTRIES CENTER,
THIRUVANANTHAPURAM WATER WORKS COMPOUND,
VELLAYAMBALAM, THIRUVANANTHAPRUA, PIN - 695033,
REPRESENTED BY ITS GENERAL MANAGER.
8 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF MICRO AND MEDIUM ENTERPRISES,
CENTRAL GOVERNMENT,
NEW DELHI-110001.
9 ASST.EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
PARASSALA PIN - 695123.
R2 BY ADV. SRI.R.T.PRADEEP
R2 BY ADV. SMT.M.BINDUDAS
R2 BY ADV. SRI.K.C.HARISH
R6 BY ADV. SHRI.BIJU BALAKRISHNAN
R6 BY ADV. SMT.V.S.RAKHEE
R6 BY ADV. SMT.K.J.GISHA
R6 BY ADV. SHRI.AJMAL P.
SRI.K.J.MANURAJ - GP
SRI.T. NAVEEN- SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.28453 OF 2020(F)
3
W.P.(C) No.28453 of 2020
-----------------------------------------------
JUDGMENT
The writ petition is instituted alleging that the sixth
respondent is running a flour mill in the building adjacent to
the residential building of the petitioner without obtaining
required licence from the Grama Panchayat. It is alleged in
the writ petition that the functioning of the flour mill is causing
nuisance to the petitioner and to the members of his family.
It is stated by the petitioner that though he has lodged
complaints against the functioning of the flour mill before
various authorities including the Panchayat, no steps,
whatsoever, have been taken by the authorities concerned to
abate the nuisance. The petitioner therefore seeks directions
to respondents 1 to 5 to prevent the sixth respondent from
running the flour mill.
2. On 22nd December, 2020, this Court passed
the following interim order:
"Admit.
WP(C).No.28453 OF 2020(F)
Government Pleader takes notice for respondents 1, 4
and 5. Standing Counsel takes notice for the third respondent.
Issue notice by speed post to respondents 2 and 6.
If the sixth respondent is running the flour mill referred
to in the writ petition without obtaining licence from the
Panchayat, the second respondent shall forthwith take action to
prohibit the conduct of the flour mill."
3. A counter affidavit has been filed by the sixth
respondent. It is stated in the counter affidavit that the sixth
respondent is not running any flour mill in the building
referred to in the writ petition and he is only running therein
an industry making Dosa, and Idli batter. The sixth
respondent does not claim in the counter affidavit that he has
obtained licence for the industry from the Panchayat. He,
however states that he is running the said industry on the
strength of the Acknowledgment Certificate obtained by him
in terms of the Kerala Micro Small and Medium Enterprises
Facilitation Act, 2019 (the Act).
4. Heard the learned counsel for the petitioner,
the learned counsel for the sixth respondent as also the
learned Standing Counsel for the second respondent
Panchayat.
WP(C).No.28453 OF 2020(F)
5. At the time of arguments, the learned counsel
for the petitioner submitted that the sixth respondent is no
more using the pulverizer installed in the premises.
Nevertheless, it was pointed out by the learned counsel that
the grinding activity undertaken by the sixth respondent in the
premises for making batter is causing nuisance to him, for the
sixth respondent commences his operation early in the
morning.
6. Per contra, the learned counsel for the sixth
respondent submitted that the sixth respondent is not using
any pulverizer for the industry and he is engaged only in the
making of batter, that too, strictly in accordance with the
terms and conditions, subject to which Acknowledgment
Certificate under the Act has been issued to him. According to
the learned counsel, insofar as the industry is run on the
strength of the Acknowledgment Certificate under the Act, it is
not necessary for the sixth respondent to obtain licence from
the Panchayat. It was asserted by the learned counsel that
the industry is not causing any nuisance to the petitioner.
7. The petitioner does not dispute the fact that
WP(C).No.28453 OF 2020(F)
the sixth respondent has obtained an Acknowledgment
Certificate under the Act. If the sixth respondent has obtained
an Acknowledgment Certificate under the Act, as rightly
contended by the learned counsel for the sixth respondent, in
terms of the provisions of the Act, the sixth respondent is not
required to obtain licence from the Panchayat. But, merely for
the reason that the sixth respondent is not expected to obtain
licence from the Panchayat for the industry run by him, it
cannot be said that the provisions of the Kerala Panchayat Raj
Act, 1994 do not apply to the said industry. In the light of the
decision of this Court in Lizy Aby v. State of Kerala, 2021
(1) KLT 374, even if an industry is run on the basis of the
Acknowledgment Certificate under the Act, the Panchayat is
duty bound to take action against the same under Section
233A of the Panchayat Raj Act, if the industry is causing
nuisance.
In the circumstances, this writ petition is disposed
of directing that the sixth respondent shall run the industry
covered by Ext.P10 Acknowledgment Certificate strictly in
accordance with the terms and conditions of the said
WP(C).No.28453 OF 2020(F)
Certificate. The petitioner is permitted to prefer complaint
before the Secretary of the Panchayat invoking Section 233A
of the Panchayat Raj Act, if the conduct of the industry of the
sixth respondent is causing nuisance. It is directed that if any
complaint is preferred by the petitioner as permitted,
appropriate action shall be taken by the Secretary on the said
complaint in accordance with the provisions contained in
Section 233A of the Panchayat Raj Act, after obtaining an
expert opinion as provided for under sub-section(2) of Section
233A. The complaint, if any, preferred by the petitioner shall
be disposed of within two weeks from the date of receipt of
the same.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
WP(C).No.28453 OF 2020(F)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OUTPATIENT RECORD IN
RESPECT OF PETITIONER'S WIFE BABITHA
ISSUED BY THE MEDICAL OFFICER, MEDICAL
COLLEGE HOSPITAL, THIRUVANANTHAPURAM.
EXHIBIT P1(A) TRUE COPY OF THE OUTPATIENT RECORDS OF
THE DAUGHTER AMMU SREELEKSHMI.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
12/10/2020 OF THE PETITIONER AND ITS
REPLY UNDER RTI ACT.
EXHIBIT P3 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 30/10/2020.
EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 30/10/2020.
EXHIBIT P5 TRUE COP OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
DATED 30/10/2020.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
DATED 30/10/2020.
EXHIBIT P7 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
DATED 30/10/2020.
EXHIBIT P8 PHOTOGRAPH SHOWING THE DISTANCE OF THE
KAILAS FOODS FROM THE COMPOUND WALL OF
PETITIONER
EXHIBIT P9 TRUE COPY OF THE ONLINE INDUSTRY
REGISTRATION RECEIPT ISSUED TO 6TH
RESPONDENT FROM THE INDUSTRIES
DEPARTMENT
WP(C).No.28453 OF 2020(F)
EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGEMENT
CERTIFICATE ISSUED BY THE DEPARTMENT
OF INDUSTRIES TO THE 6TH RESPONDENT
EXHIBIT P11 TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE FROM MINISTRY OF MICRO
EXHIBIT P12 TRUE COPY OF THE PHOTOGRAPH SHOWING
REMOVAL OF PULVARIZIER BY 6TH
RESPONDENT AND HIS MEN
RESPONDENTS' EXHIBITS:
EXHIBIT R6(A) TRUE COPY OF THE LICENCE NO.F1-
4344/2020-21-248, DT.12-11-2020,
ISSUED BY THE 2ND RESPONDENT
EXHIBIT R6(B) TRUE COPY OF THE G.O (ORD)
NO.160/2020/LSGD, DT.21-01-2020
EXHIBIT R6(C) TRUE COPY OF THE ONLINE APPLICATION
DT.05-01-2021
EXHIBIT R6(D) TRUE COPY OF THE PAYMENT RECEIPT
DT.05-01-2021
EXHIBIT R6(E) TRUE COPY OF THE ACKNOWLEDGEMENT
CERTIFICATE DT.12-01-2021 ISSUED IN
FAVOUR OF 'KAILAS FOODS' BY THE
DEPARTMENT OF INDUSTRIES AND COMMERCE,
GOVERNMENT OF KERALA
EXHIBIT R6(F) TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE OF 'KAILAS FLOUR MILL'
EXHIBIT R6(G) TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE OF 'KAILAS FOOD''
EXHIBIT R6(H) TRUE COPY OF HTE NOTICE DT.11-01-2021
OF THE 2ND RESPONDENT
EXHIBIT R6(I) TRUE COPY OF THE G.O(MS)
NO.116/2017/ID, DT.13-11-2017 OF THE
GOVERNMENT OF KERALA
WP(C).No.28453 OF 2020(F)
EXHIBIT R6(J) TRUE COPY OF THE KERALA MICRO SMALL
MEDIUM ENTERPRISES FACILITATION ACT,
EXHIBIT R6(K) TRUE COPY OF THE KERALA MICRO SMALL
MEDIUM ENTERPRISES FACILITATION RULES,
EXHIBIT R6(L) TRUE COPY OF THE CERTIFICATE DT.13-01-
2021 ISSUED BY THE DISTRICT INDUSTRIES
CENTRE, THIRUVANANTHAPURAM TO THE
PETITIONER
EXHIBIT R6(M) TRUE COPY OF THE CORRECTED CERTIFICATE
DT.15-01-2021 ISSUED BY THE GENERAL
MANAGER, DISTRICT INDUSTRIES CENTRE,
THIRUVANANTHAPURAM
