George Elias And Associates vs Kalloorkad Grama Panchayat
2021 Latest Caselaw 9004 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                  WP(C).No.11190 OF 2020(W)


PETITIONER:

              GEORGE ELIAS AND ASSOCIATES,
              EDAYATH, AYAVANA, MUVATTUPUZHA, ERNAKULAM
              DISTRICT- REPRESENTED BY ITS MANAGING PARTNER-
              MR.GEORGE ELIAS AGED 48, S/O.LATE E.V.ELIAS,
              GEORGE ELIAS AND ASSOCIATE, EDAYATH, AYAVANA,
              MUVATTUPUZHA, ERNAKULAM DISTRICT.

              BY ADVS.
              SRI.V.PHILIP MATHEW
              SRI.GIBI.C.GEORGE

RESPONDENTS:

     1        KALLOORKAD GRAMA PANCHAYAT,
              OFFICE OF THE KALLOORKAD GRAMA PANCHAYAT,
              KALLOORKAD.P.O, ERNAKULAM DISTRICT-686668
              REPRESENTED BY ITS SECRETARY.

     2        THE PRESIDENT,
              KALLOORKAD GRAMA PANCHAYAT, OFFICE OF THE
              KALLOORKAD GRAMA PANCHAYAT, KALLOORKAD.P.O,
              ERNAKULAM DISTRICT-686668

     3        KERALA STATE POLLUTION CONTROL BOARD,
              REPRESENTED BY ITS SECRETARY,
              PATTOM.P.O- 695004, THIRUVANANTHAPURAM

     4        THE DEPUTY SUPERINTENDENT OF POLICE,
              MOOVATTUPUZHA, MOOVATTUPUZHA.P.O,
              ERNAKULAM DISTRICT-686661
 W.P.(C) No.11190 of 2020          2



        5        THE CIRCLE INSPECTOR OF POLICE,
                 KALLOORKADU POLICE STATION, KALLOORKADU.P.O,
                 ERNAKULAM DISTRICT-686668

        6        ALBIN RAJU,
                 PRESIDENT, YOUTH CONGRESS MANDALAM COMMITTEE,
                 THOTTUMARICKAL HOUSE, KALLOORKADU.P.O,
                 ERNAKULAM DISTRICT-686668

        7        RATHEESH PRAMESWARAN,
                 KANJINITHIKKAL, MANIANTHARAM, KALLOORKADU.P.O,
                 ERNAKULAM DISTRICT-686668

        8        JOLLY, NEDUNKALLEL,
                 MANIANTHARAM, KALLOORKADU.P.O,
                 ERNAKULAM DISTRICT-68668

        9        DILEEP,
                 S/O.BHASKARAN, ALACKAL, KALLOORKADU.P.O,
                 ERNAKULAM DISTRICT-686668

        10       NOBY,
                 CHIRAKKALA, KALLOORKADU.P.O,
                 ERNAKULAM DISTRICT-686668

        11       AJITH.R
                 VATHYAPILLIL HOUSE, MANIANTHARAM,
                 KALLOORKADU.P.O, ERNAKULAM DISTRICT-686668

        12       UNNI,
                 ALACKAL, KALLORKADU.P.O,
                 ERNAKULAM DISTRICT-686668

        13       JIBI.A.K,
                 AREEKAL, MARATHOOR, KALLOORKADU.P.O,
                 ERNAKULAM DISTRICT-686668

                 R1-2 BY ADV. SRI.M.H.HANIL KUMAR
                 R3 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION
                 CONTROL BOARD,
 W.P.(C) No.11190 of 2020          3



                 SMT.G.RAJITHA OVERNMENT PLEADER
                 R6 BY ADV. SRI.JOHN JOSEPH(ROY)
                 R8, R13 BY ADV. SRI.RAJAN VISHNURAJ
                 R8, R13 BY ADV. SRI.V.HARISH

       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.11190 of 2020                4




                       W.P.(C) No.11190 of 2020
                -----------------------------------------------


                             JUDGMENT

Without prejudice to the right of the petitioner to file

a fresh writ petition seeking identical relief, this writ petition is

closed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF LAND TAX RECEIPT DATED 30.08.2019

EXHIBIT P2 COPY OF CONSENT TO ESTABLISH DATED 04.03.2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 COPY OF APPLICATION DATED 07.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT FOR ESTABLISHING HOT MIX PLANT

EXHIBIT P4 COPY OF THE APPLICATION DATED 7.3.20 IN MALAYALAM

EXHIBIT P5 COPY OF RECEIPT DATED 07.03.2020 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT PANCHAYAT AFTER ACCEPTING THE APPLICATION FROM THE PETITIONER

EXHIBIT P6 COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 09.05.2020

EXHIBIT P7 COPY OF REPRESENTATION DATED 16.05.2020 SUBMITTED BEFORE THE 5TH RESPONDENT

EXHIBIT P8 COPY OF ACKNOWLEDGMENT RECEIPT DATED 16.05.2020 ISSUED FROM KALLOORKKAD POLICE STATION

EXHIBIT P9 COPY OF CERTIFICATE DATED 11.05.2020 ISSUED BY THE GENERAL MANAGER OF DISTRICT INDUSTRIES CENTRE, ERNAKULAM

EXHIBIT P10 COPY OF COMMUNICATION NO.C5 796/2020 DATED 15.05.2020 ISSUED BY THE SECOND RESPONDENT

EXHIBIT P11 COPY OF DECISION NO.I(I) DATED 12.05.2020 TAKEN BY THE PANCHAYAT COMMITTEE OF THE FIRST RESPONDENT

EXHIBIT P12 COPY OF INTERIM ORDER DATED 27.05.2020 TAKEN BY THIS HON'BLE COURT IN WP(C)NO.10381 OF 2020

EXHIBIT P13 COPY OF REPRESENTATION TO FIFTH RESPONDENT FOR POLICE PROTECTION DATED 2.06.2020

EXHIBIT P14 RECEIPT DATED 02.06.2020 ISSUED WHILE SUBMITTING EXHIBIT P13

EXHIBIT P15 COPY OF SATELLITE IMAGES TAKEN FROM GOOGLE MAP SHOWING DISTANCE AND ATITUDE AREA WHERE THE PLANT.

EXHIBIT P16 COPY OF A PHOTOGRAPH SHOWING BRAND NAME, MAEK, YEAR OF MANUFACTURING WHICH IS AFFIXED IN THE PLANT PURCHASED BY US.

EXHIBIT P17 COPY OF PHOTOGRAPH SHOWING THE EFFORTS BY POLICE OFFICERS TO REMOVE THE CAR BLOCKING ENTRY TO PLANT.

EXHIBIT P18 PHOTOGRAPHS SHOWING PHYSICAL OBSTRUCTION FOR TRANSPORTATION OF THE UNIT.

EXHIBIT P19 NOTICE PUBLISHED AGAINST THE HOT MIX PLANT BY THE CONTESTING RESPONDENTS.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R13(A) A TRUE PHOTOCOPY OF THE JUDGMENT DATED 03.06.2020 PASSED BY THIS HON'BLE COURT IN WPC NO.10856/2020.

EXHIBIT R1(A) A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE MACHINERIES OF HOT MIX PLANT STORED IN THE PROPERTY OF THE PETITIONER

EXHIBIT R1(B) A TRUE COPY OF THE JUDGMENT IN JILMON V. MANAKKAD GRAMA PANCHAYAT (2017 KHC

163)

EXHIBIT R1(C) A TRUE COPY OF THE JUDGMENT IN WP(C) NO.10856 OF 2020 DATED 3.6.2020.