M.V.Paulose vs Elamkunnapuzha Grama Panchayat
2021 Latest Caselaw 19594 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 17TH DAY OF SEPTEMBER 2021/26TH BHADRA, 1943
                    WP(C) NO. 15612 OF 2021


PETITIONER:

         M.V.PAULOSE, AGED 75 YEARS,
         S/O. LATE VARGHESE,
         MALIYEKKAL HOUSE, VALAPPU,
         MALIPPURAM P.O., ERNAKULAM 682 511.

         BY ADVS.
         K.T.THOMAS
         MATHEW BOB KURIAN


RESPONDENTS:

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

    2    THE SECRETARY,
         ELAMKUNNAPUZHA GRAMA PANCHAYATH,
         ELAMKUNNAPUZHA,
         ERNAKULAM DISTRICT 682 503.

         BY ADV P.M.BENZIR

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 17.09.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15612/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 17th day of September, 2021

Petitioner, who is conducting a small scale furniture

manufacturing unit in Elamkunnapuzha in Ernakulam District,

approached this Court seeking to quash Ext.P14 and to direct

the 2nd respondent to grant licence to the petitioner to run the

industrial unit.

2. When this writ petition came up for admission, this

Court passed an interim order on 04.08.2021 directing the 2 nd

respondent to cause a site inspection to be done in the

presence of the petitioner and ascertain compliance of

building rules.

3. The respondents have now filed a counter affidavit

in the writ petition stating that on site inspection, it was noted

that the petitioner himself has removed all the alleged

unauthorised constructions and the 3 metre set back is now WP(C) No.15612/2021

clearly available on all four sides of the building.

In such circumstances, the writ petition is disposed

of directing the 2nd respondent to grant licence to the petitioner

forthwith, if the petitioner is otherwise eligible.

Sd/-

N. NAGARESH, JUDGE

aks/17.09.2021 WP(C) No.15612/2021

APPENDIX OF WP(C) 15612/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 3582/98 OF NJARAKKAL SRO.

Exhibit P2 TRUE COPY OF THE ORDER DATED 23.05.2017 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER DATED 24.11.2017 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER DATED 06.07.2019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOC ISSUED BY ASSAILANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM.

Exhibit P6 TRUE COPY OF THE LICENSE FOR UNIT ISSUED BY DIVISIONAL FOREST OFFICER, MALAYATTOOR.

Exhibit P7 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATIVE RENEWAL ISSUED BY ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM.

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 04.08.2020 SUBMITTED BY PETITIONER. Exhibit P9 TRUE COPY OF THE ORDER DATED 05.08.2020 ISSUED BY 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.03.2021 IN WPC NO. 18291/2020. Exhibit P11 TRUE COPY OF THE PROCEEDINGS DATED 23.04.2201 ISSUED BY 2ND RESPONDENT. Exhibit P12 TRUE COPY OF THE REPROT DATED 06.04.2021 WITH SKETCH OF OVERSEER GR.II LSGD SECTION, ERNAKULAM.

Exhibit P13 TRUE COPY OF THE CONTEMPT NOTICE DATED 10.07.2021 ISSUED ON BEHALF OF PETITIONER.

Exhibit P14 TRUE COPY OF THE ORDER DATED 04.06.2021 ISSUED BY 2ND RESPONDENT., Exhibit P15 TRUE COPY OF THE NOTICE DATED 26.04.2021 UNDER SECTION 13 OF THE SARFAEST ACT FEDERAL BANK.

WP(C) No.15612/2021

Exhibit P16 TRUE COPY OF THE REPORT DT 28.5.2021 OF THE OVERSEER GR.II, LSGD SECTION, ERNAKULAM.

RESPONDENT'S EXTS:

R1(A) COPY OF THE REPORT DT 9.8.2021 SUBMITTED BY THE ASSISTANT ENGINEER, LSGD SECTION, ELAMKUNNAPUZHA GRAMA PANCHAYATH.

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