Aby Jacob vs The State Of Kerala
2021 Latest Caselaw 2242 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                        WP(C).No.1578 OF 2021(V)


PETITIONER/S:

                ABY JACOB,
                AGED 56 YEARS
                S/O.JACOB, KONTHIYAPARAMBIL, RAMANKARY P.O.,
                ALAPPUZHA DISTRICT, PIN-689595.

                BY ADVS.
                SRI.K.S.ARUN KUMAR
                SRI.JUSTINE JACOB
                SMT.BINDU MOHAN
                SMT.AMRUTHA P S
                SMT.AMRUTHA K P
                SHRI.VIJAY SANKAR V.H.
                SHRI.ARJUN KUMAR K.S.

RESPONDENT/S:

      1         THE STATE OF KERALA,
                REPRESENTED BY THE SECRETARY TO DEPARTMENT OF
                INDUSTRIES AND COMMERCE, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM, PIN-695001.

      2         ENVIRONMENTAL ENGINEER,
                KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
                OFFICE, ALAPPUZHA, PIN-688013.

      3         RAMANKARAY GRAMA PANCHAYATH,
                REPRESENTED BY ITS SECRETARY, RAMANKARY, ALAPPUZHA
                DISTRICT, PIN-689595.

      4         THE SECRETARY,
                RAMANKARAY GRAMA PANCHAYATH, RAMANKARY, ALAPPUZHA
                DISTRICT, PIN-689595.


OTHER PRESENT:

                GP : SRI.PAUL ABRAHAM VAKKANAL
                SC : SRI.T. NAVEEN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1578 OF 2021(V)                  2




                                   JUDGMENT

Aggrieved by Ext.P3 show cause notice and Ext.P4 stop memo issued to him

the petitioner has preferred Exts.P5 and P6 replies before the respondent 2 and 4.

The limited prayer of the petitioner is for a direction to the respondents 2 and 4 to

consider and pass orders on the same expeditiously and to keep in abeyance

further proceedings pursuant to Exts.P3 and P4 notices, in the meanwhile.

2. Heard the learned counsel for the petitioner. In the nature of the

order that is proposed to be passed, I deem it not necessary to hear the

respondents.

On a consideration of the facts and circumstances of the case and the

submissions made across the Bar, I dispose the writ petition with a direction to the

2nd respondent to consider and pass orders on Exts.P5 and to the 4 th respondent to

consider and pass orders on P6 preferred by the petitioner to Ext.P3 show cause

notice and Ext.P4 stop memo, within a period of four weeks from the date of

receipt of a copy of this judgment, after hearing the petitioner. It is made clear

that coercive steps pursuant to Exts.P3 and P4 notices shall not be taken against

the petitioner till such time as orders are passed by the respondents 2 and 4 as

directed and the order communicated to the petitioner. The petitioner shall

produce a copy of the writ petition together with a copy of this judgment before

the respondents 2 and 4 for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE ISSUED BY DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVT. OF KERALA DATED 19.11.2020.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATED ISSUED BY VETERINARY SURGEON DATED 15.12.2020.

EXHIBIT P3 TRUE COPY OF THE NOTICE BEARING NO.SCN.1117 ISSUED BY 2ND RESPONDENT DATED 24.12.2020.

EXHIBIT P4 TRUE COPY OF THE NOTICE BEARING NO.C6 2355/2020 ISSUED BY 4TH RESPONDENT DATED 01.01.2021.

EXHIBIT P5 TRUE COPY OF THE REPLY TO EXHIBIT P3 NOTICE DATED 09.01.2021.

EXHIBIT P5(A) TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF EXT.P5 DATED 13.01.2021.

EXHIBIT P6 TRUE COPY OF THE REPLY TO EXT P4 NOTICE ISSUED BY THE THIRD RESPONDENT DATED 12.01.2021.

EXHIBIT P6(A) TRUE COPY OF THE ACKNOWLEDGMENT OF EXT.P6, DATED 12.01.2021.