Kunhammed K vs The Secretary
2021 Latest Caselaw 9467 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

      MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                      WP(C).No.2827 OF 2014(C)

PETITIONER:

              KUNHAMMED K.
              AGED 44 YEARS
              S/O.MOIDU, KINARULLATHIL HOUSE, THIRUVALLUR P.O.,
              VATAKARA THALUK.

              BY ADV. SRI.ZUBAIR PULIKKOOL

RESPONDENT:

      1       THE SECRETARY, THIRUVALLUR GRAMA PANCHAYATH
              THIRUVALLUR P.O., VATAKARA THALUK, PIN-673541.

      2       THIRUVALLUR GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY, THIRUVALLUR P.O.,
              VATAKARA THALUK-673541.

              BY ADV. SRI.B.KRISHNAN
              BY ADV. SRI.R.PARTHASARATHY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)2827/2014                        2




                             JUDGMENT

The petitioner submitted an application on 07.05.2013 for

issuance of licence to run a hollow bricks manufacturing unit as

evidenced by Ext.P3 receipt issued by the second respondent-

panchayat. The case of the petitioner is that the panchayat has not

yet considered the said application.

2. Heard the learned counsel for the petitioner and the learned

counsel for the respondents.

3. The respondents have filed counter affidavit stating that the

petitioner has submitted the application for licence without curing

the defects pointed out in Ext.R2(a) letter issued by the panchayat.

The learned counsel for the petitioner submits that those defects are

cured and the panchayat may be directed to consider the application,

in accordance with law.

Since the application for licence is pending consideration from

07.05.2013 and as per the submission of the learned counsel for the

petitioner, the defects pointed out in Ext.R2(a) letter issued by the

panchayat have been cured, there will be a direction to the

respondents to consider the application dated 07.05.2013 submitted

by the petitioner for licence to run the hollow bricks manufacturing

unit, within a period of two months from today, in accordance with

law. In case the petitioner is yet to cure the defects pointed out in

Ext.R2(a), the same shall be done within one month from today. In

such eventuality, respondents shall consider the application within

two months from the date of curing the defects.

Writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1:CONSENT LETTER ISSUED BY POLLUTION CONTROL BOARD TO THE PETITIONER.

EXT.P2:TRUE COPY OF ORDER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

EXT.P3:COPY OF THE RECEIPT DATED 7.5.2013 ISSUED BY THE FIRST RESPONDENT.

EXT.P4:COPY OF THE REPRESENTATION DATED 25.1.2014.

EXT.P5:COPY OF THE RECEIPT OF EXHIBIT P4.

RESPONDENTS' EXHIBITS:

EXT.R2(A):TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 25.1.2014.

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