M/S.Hira Constructions vs The Vengola Grama Panchayat
2021 Latest Caselaw 6721 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA,
                           1942

                   WP(C).No.4997 OF 2021(Y)


PETITIONER:

              M/S.HIRA CONSTRUCTIONS,
              13/2, PERINGALA, KUMARAPURAM-683565,
              REPRESENTED BY ITS MANAGING PARTNER,
              K.S.MUHAMMAD, S/O. SULAIMAN, AGED 62 YEARS,
              RESIDING AT KALLUNGAL HOUSE, PERINGALA P.O.,
              ERNAKULAM DISTRICT-683565.

              BY ADVS.
              SRI.PAUL K.VARGHESE
              SMT.A.A.GEETHA

RESPONDENTS:

     1        THE VENGOLA GRAMA PANCHAYAT,
              VENGOLA, NEAR PERUMBAVOOR, ERNAKULAM
              DISTRICT-683556, REPRESENTED BY ITS
              SECRETARY.

     2        SECRETARY,
              VENGOLA GRAMA PANCHAYAT, VENGOLA, NEAR
              PERUMBAVOOR, ERNAKULAM DISTRICT-683556


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 25.02.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.4997/2021

                                  ..2..



                      W.P.(C) No.4997 of 2021
             -----------------------------------------------


                          JUDGMENT

The petitioner has made arrangements for

establishing a Hot Mix Plant within the limits of the first

respondent Panchayat. When the Hot Mix Plant was about to

be installed, the second respondent, the Secretary of the first

respondent Panchayat has issued Ext.P3 stop memo alleging

that the petitioner is undertaking construction activities in the

land referred to in the writ petition without obtaining the

permission of the Panchayat. The case of the petitioner is that

they have not undertaken any construction activity and that

they are only erecting the machinery of the proposed unit, and

they are entitled to do so in the light of the Acknowledgement

Certificate obtained by them under the Kerala Micro, Small and

Medium Enterprises Facilitation Act, 2019. The petitioner in the

circumstances, preferred Ext.P7 representation before the

Secretary of the Panchayat pointing out the said stand and

requesting the Secretary to recall the stop memo. The

grievance voiced by the petitioner in the writ petition concerns W.P.(C)No.4997/2021

..3..

the inaction on the part of the second respondent in taking a

decision on Ext.P7.

2. Heard the learned counsel for the petitioner.

3. In the nature of the order I propose to pass in

this matter, no notice need be issued to the respondents.

Having regard to the fact that the limited prayer of

the petitioner is only for a direction to the second respondent

to consider and pass orders on Ext.P7, I deem it appropriate to

grant the said relief to the petitioner. Ordered accordingly. The

direction aforesaid shall be complied with, within two weeks

from the date of production of a copy of this judgment.

Sd/-

P.B.SURESH KUMAR, JUDGE

YKB W.P.(C)No.4997/2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CONSENT ORDER ISSUED BY THE POLLUTION CONTROL BOARD, TO THE PETITIONER DATED 16.11.2020.

EXHIBIT P2 A TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM DATED 2.2.2021.

EXHIBIT P3 A TRUE COPY OF THE STOP MEMO ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 5.1.2021.

EXHIBIT P4 A TRUE COPY OF THE DECISION OF THIS HON'BLE COURT REPORTED IN 2021 (1) KHC

EXHIBIT P5 A TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY, IKKARANADU GRAMA PANCHAYAT DATED 21.1.2021.

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.28283/2020 OF THIS HON'BLE COURT DATED 21.12.2020.

EXHIBIT P7 A TRUE COPY OF THE REPLY NOTICE ISSUED BY THE PETITIONER TO THE RESPONDENT DATED 15.2.2021.

EXHIBIT P8 A TRUE COPY OF ACKNOWLEDGEMENT CARD DATED 20.2.2021.

RESPONDENT'S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE