M.V. Paulose vs Elamkunnapuzha Grama Panchayat
2021 Latest Caselaw 9955 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                      WP(C).No.18291 OF 2020(J)


PETITIONER:

               M.V. PAULOSE
               AGED 74 YEARS
               S/O. LATE VARGHESE, MALIYEKKAL HOUSE, VALAPPU,
               MALIPPURAM P.O, EERNAKULAM 682 511

               BY ADVS.
               SRI.K.T.THOMAS
               SRI.MATHEW B. KURIAN
               SRI.NIKHIL BERNY

RESPONDENTS:

      1        ELAMKUNNAPUZHA GRAMA PANCHAYAT
               ELAMKUNNAPUZHA, ERNAKULAM DISTRICT, PIN 682 503,
               REPRESENTED BY ITS SECRETARY

      2        THE SECRETARY,
               ELAMKUNNAPUZHA GRAMA PANCHAYAT, ELAMKUNNAPUZHA,
               ERNAKULAM DISTRICT, PIN 682 503

               R1-2 BY ADV. SRI.P.M.BENZIR
                    BY GOVERNMENT PLEADER: SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      2
WP(C).No.18291 OF 2020(J)




                            JUDGMENT

Since the year 2002, the petitioner was conducting

a small scale furniture manufacturing unit under the

name and style 'M/s.Janatha Wood Industries' at

Elamkunnapuzha. In the year 2017, the Panchayat

declined renewal of licence alleging structural variation

in the building. The attempt of the petitioner to have the

additional constructions regularized ended in failure.

According to the petitioner, thereafter he removed the

additional constructions and again sought for grant /

renewal of licence as per Ext.P12 application. The same

was refused as per Ext.P13 stating that the unauthorized

construction was not regularized by the Town Planner.

2. Evidently, there has not been a proper

consideration of the factual scenario pointed out by the

petitioner, especially with regard to the removal of

additional / illegal constructions on the building, the

regularization of which was declined. The claim of the

petitioner is that, as of now, there is no violation and the

WP(C).No.18291 OF 2020(J)

permit is liable to be renewed. The application for licence

(Ext.P12) needs to be reconsidered, in the light of the

said contentions.

3. In the result, the writ petition is allowed.

Ext.P13 dated 05/08/2020 is quashed and the 2nd

respondent shall reconsider Ext.P12 application and pass

fresh orders, after hearing the petitioner. Let orders be

passed within a period of one month from the date of

receipt of a copy of this judgment.

The learned counsel for the petitioner seeks for an

order permitting to run the unit on a trial basis pending

orders on Ext.P12 application. I notice that the unit was

not functioning since the year 2017 and I do not consider

it proper to grant the relief as sought for, at this distance

of time and pending consideration of the application for

issuance of permit.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.18291 OF 2020(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SALE DEED NO. 3582/98 OF NJARAKLKAL SRO

EXHIBIT P2 TRUE COPY OF THE PROPEERTY TAX RECEIPT FOR 2019-20 ISSUED BY PANCHAYAT

EXHIBIT P3 TRUECOPY OF THE LICENSE ISSUED FOR THE PERIOD 2014-15 TO JANATHA WOOD INDUSTRIES BY 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 23-05-2017 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE DECISION DATED 19-07-2017 OF PANCHAYAT COMMITTEE, ELAMKUNNAPPUZHA

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 24-11-2017 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 06-07-2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 19-12-2018 ISSUED BY SENIOR TOWN PLANER, ERNAKULAM

EXHIBIT P9 TRUE COPY OF THE NOC ISSUED BY ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM

EXHIBIT P10 TRUE COPY OF THE LICENCE FOR UNIT ISSUED BY DIVISIONAL FOREST OFFICER, MALAYATTOOR

EXHIBIT P11 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE -RENEWAL ISSUED BY ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM

EXHIBIT P12 TRUE COPY OF THE APPLICATION ALONGWITH COVERING LETTER DATED 04-08-2020 SUBMITTED BY PETITIONER

EXHIBIT P13 TRUE COPY OF THE ORDER DATED 05-08-2020 ISSUED BY 2ND RESPONDENT.

WP(C).No.18291 OF 2020(J)

EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 21-05-2020 IN WP(C) NO. 10045/2020

EXHIBIT P15 TRUE COPY OF ORDER DATED 09-07-2020 PASSED BY 2ND RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE SKETCH