Kerala High Court
V.A. Thomas vs M.V.Poulose on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
I.A.NO.1/2020 IN UNNUMBERED W.A. OF 2020(FILING NO. 30850 OF 2020)
AGAINST THE JUDGMENT IN WP(C) 10045/2020 DATED 21.05.2020 OF THIS COURT
PETITIONER/APPELLANT:
V.A. THOMAS, AGED 73 YEARS, S/O. LATE ANTHAPPAN, VARIYATH HOUSE,
VALAPPU, MALIPPURAM P O - 682511.
RESPONDENTS/RESPONDENTS:
1. M.V.POULOSE, AGED 74 YEARS, S/O. LATE VARGHESE, MALIYEKKAL HOUSE,
VALAPPU, MALIPPURAM P O, ERNAKULAM - 682511.
2. ELAMKUNNAPUZHA GRAMA PANCHAYATH, ELAMKUNNAPUZHA, ERNAKULAM DISTRICT
- 682503.
3. THE SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYATH, ELAMKUNNAPUZHA,
ERNAKULAM DISTRICT - 682503.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant leave to file
appeal and orders may be passed accordingly.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.K.MOHANAKANNAN, Advocate for the petitioner and of SRI. P.M.BENZIR,
Standing Counsel for R2 & R3, the court passed the following:
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
======================================
I. A. No. 1 of 2020
in
Unnumbered Writ Appeal of 2020
(F. No. 30850 of 2020)
======================================
Dated this the 7th day of September, 2021
ORDER
S. Manikumar, C. J.
Being aggrieved by the judgment in W. P. (C) No. 10045 of
2020 dated 21.05.2020, petitioner has filed I. A. No. 1 of 2020,
seeking leave to prefer appeal against the abovesaid judgment.
2. However, on this day, when the matter came up for hearing,
Mr. K. Mohanakannan, learned counsel for the proposed appellant,
fairly submitted that acting on the directions issued by the writ court
in W. P. (C) No. 10045 of 2020 dated 21.05.2020, the Secretary,
Elamkunnapuzha Grama Panchayat, respondent No. 3, by proceedings
No. A5-4784/2020 dated 09.07.2020, has already ordered to grant
license for running saw mill up to 31.03.2023.
3. In the abovesaid circumstances, Mr. K. Mohanakannan,
learned counsel for the proposed appellant, submitted that the
petitioner may be granted liberty to challenge the proceedings dated
I. A. No. 1 of 2020 in
09.07.2020.
4. Heard the learned counsel for the proposed appellant and
perused the material on record.
5. Proceedings of the Secretary, Elamkunnapha Grama
Panchayat, granting license, is reproduced:-
"Proceedings of the Secretary, Elamkunnapuzha Grama
Panchayath
(Present: Sri. Mijoy Michael P.)
Sub:- Elamkunnapuzha Grama Panchayath - Grant of licence -
Order implementing judgment of Hon'ble High Court -
Ref: 1. Application No.A5/3397/2020 dated 18.03.20 submitted
by M.V. Poulose, MalIyekkal.
2. Reply No. A5-3397/20 dated 18.03.2020 from this office.
3. Judgment dated 21.05.2020 in W.P. (C) No.10045/2020 of
Hon'ble High Cout of Kerala.
4. No objection certificate dated 25.12.18 of Pollution Control
Board.
5. Report No. A5-5699/20 dated 30.06.2020 of Assistant
Engineer, LSGD- Elamkunnapuzha Grama Panchayath.
6. Hearing conducted on 02.07.2020 in this office.
7. Report No. A5-5699/20 dated 30.06.2020 of Assistant
Engineer, LSGD- Elamkunnapuzha Grama Panchayath.
-------------------------------------------------------------------------------
Order A5-4784/2020 Dated 09.07.2020
-------------------------------------------------------------------------------
Vide reference (1) above, the application for running saw
mill submitted by Sri.M.V.Poulose, Maliyekkal was rejected by
this office as per reference (2) cited as the building was not
regularized. The Assistant Engineer LSGD was authorised to
conduct inspection pursuant to judgment of the Hon'ble High
Court and on the basis of the report cited (5), hearing was
conducted as per reference (6) and later Assistant Engineer again
I. A. No. 1 of 2020 in
conducted inspection and vide reference cited (7) submitted
report stating that unauthorized construction is removed. The
Hon'ble High Court in the judgment cited (3) observed that
licernce is to be granted if unauthorized construction is removed.
As per reference cited (4), No Objection Certificate valid upto
30.06.2023 from the Pollution Control Board is submitted along
with the application. In the above circumstance it is ordered to
grant licence for running saw mill upto 31.03.2023. Acordingly,
the judgment of the Hon'ble High Court is implemented.
Secretary
Sd/-"
6. Mr. P. M. Benzir, learned counsel for the Elamkunnapuzha
Grama Panchayat, has no objection for granting liberty to the
proposed appellant, to challenge the abovesaid proceedings.
Placing on record the submission of the learned counsel
appearing for both parties, I. A. No. 1 of 2020 filed to grant leave, is
disposed of, with liberty to the proposed appellant to challenge the
proceedings dated 09.07.2020, in accordance with law.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
07-09-2021 /True Copy/ Assistant Registrar
