P.D.Mani vs The Athirampuzha Grama Panchayat
2021 Latest Caselaw 18949 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                       WP(C) NO. 28630 OF 2013
PETITIONER:

    1     P.D.MANI
          AGED 76 YEARS
          SON OF DEVASIA, RESIDING AT PURAKARAYIL HOUSE,
          ATHIRAMPUZHA P.O., KOTTAYAM-686562.

    2     CYRIAC P.M.
          AGED 49 YEARS
          SON OF P.D.MANI, RESIDING AT PURAKARAYIL HOUSE,
          ATHIRAMPUZHA P.O., KOTTAYAM-686562.

          BY ADV SRI.ABRAHAM GEORGE JACOB



RESPONDENTS:

    1     THE ATHIRAMPUZHA GRAMA PANCHAYAT
          ATHIRAMPUZHA P.O., KOTTAYAM, 686562, REPRESENTED BY ITS
          SECRETARY.

    2     THE SECRETARY
          ATHIRAMPUZHA GRAMA PANCHAYAT, ATHIRAMPUZHA P.O.,
          KOTTAYAM-686562.

    3     KERALA STATE POLLUTION CONTROL BOARD
          REPRESENTED BY THE ENVIRONMENTAL ENGINEER, DISTRICT
          OFFICE, ST.ANTONY'S COMPLEX, NAGAMPADOM, KOTTAYAM-
          686001.

    4     THE DISTRICT COLLECTOR
          KOTTAYAM, COLLECTORATE P.O., KOTTAYAM-686002.

    5     SALIMON M.K.
          SREEBHAVAN, ATHIRAMPUZHA P.O., KOTTAYAM-686652.

          BY ADVS.
          SRI.RAJESH THOMAS,SC,ATHIRAMPUZHA G.PAN
          SHRI.VARUGHESE M EASO, SC, ATHIRAMPUZHA GRAMA PANCHAYAT
          T.A.SHAJI (SR.)
          SHRI.SIBY CHENAPPADY, SC, ATHIRAMPUZHA GRAMA PANCHAYAT,
 WP(C) NO. 28630 OF 2013

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             SC, ATHIRAMPUZHA GRAMA PANCHAYAT




      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    10.09.2021,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 28630 OF 2013

                                        3


                                  JUDGMENT

This writ petition is filed by the petitioners seeking the

following reliefs:-

"i. Issue a writ in the nature of certiorari or other appropriate writ, direction or order calling for the records leading to the issuance of Exhibit P11 order dated 08.11.2013 issuing by the 2nd respondent and quashing the same.

ii. Issue a writ in the nature of mandamus or other appropriate writ, direction or order directing the 1 st and 2nd respondents to consult and receive instructions and clarifications from the 3rd respondent before taking any action against the writ petitioners on issues or complaints pertaining to pollution.

iii. Declare that the writ petitioners are operating their rubber band factory in accordance with the terms and conditions prescribed by the 3rd respondent Kerala State Pollution Control Board."

Apparently, the petitioners are aggrieved by Ext.P11 order

passed by the Secretary of the Athirampuzha Grama Panchayat

dated 08.11.2013, suspending the trade license issued to the

petitioners on the ground that the petitioners have not complied

with the directions issued by the Panchayat to shift the drying

yard from the front of the factory building to the portion behind

the factory.

WP(C) NO. 28630 OF 2013

2. However, today when this matter was taken up, the

learned counsel for the petitioners submitted that the petitioners

have complied with all the directions in the consent issued by

the Kerala State Pollution Control Board and thereafter the

Panchayat has withdrawn the objections and renewed the

license.

In the facts and circumstances, it is clear that subject

matter of the writ petition has virtually becomes infructuous.

Therefore, recording the submissions made above by the learned

counsel for the petitioners, the writ petition is dismissed as

infructuous.

Sd/-

SHAJI P.CHALY JUDGE VPK WP(C) NO. 28630 OF 2013

APPENDIX OF WP(C) 28630/2013

PETITIONER EXHIBITS

EXHIBIT P1:-TRUE COPY OF THE ORDER DTD 10/3/2006 OF THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM

EXHIBIT P2:-TRUE COPY OF THE ORDER DTD 5/11/2007 OF THE KERALA STATE HUMAN RIGHTS COMMISSION, THIRUVANANTHAPURAM

EXHIBIT P3:-TRUE COPY OF THE LETTER DTD 28/11/2007 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P4:-TRUE COPY OF THE CONSENT TO OPERATE DTD 4/2/2008 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P5:-TRUE COPY OF THE CONSENT TO OPERATE DTD 4/2/2008 ISSUED BY THE 3RD RESPNDENT DTD 24/8/2012

EXHIBIT P6:-TRUE COPY OF LICENSE TO OPERATE DTD 20/2/2008 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7:-TRUE COPY OF LICENSE TO OPERATE DTD 11/3/2009 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8:-TRUE COPY OF LICENSE TO OPERATE DTD 23/4/2010 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P9:-TRUE COPY OF LICENSE TO OPERATE DTD 26/4/2011 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P10:-TRUE COPY OF LICENSE TO OPERATE DTD 3/4/2013 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P11:-TRUE COPY OF THE ORDER DTD 8/11/2013 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P12:-TRUE COPY OF THE LETTER DTD 12/11/2013 ISSUED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT