Kerala High Court
Stephan Mathew vs The Secretary on 7 April, 2022
W.P.(C).No.13342/21 & con.cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 13342 OF 2021
PETITIONERS:
1 STEPHAN MATHEW
AGED 38 YEARS
S/O. M. M. MATHEW, MANALODY HOUSE, PULINTHANAM P.
O., PARAMBANCHERY, MUVATTUPUZHA, ERNAKULAM -
686671, MOB - 9072181619.
2 K. U. THOMAS
AGED 70 YEARS
S/O. UTHUPPAN, KAVATTUKUZHI HOUSE, PULINTHANAM P.
O., PARAMBANCHERY, MUVATTUPUZHA, ERNAKULAM -
686671, MOB - 9847798111.
3 JIPSON JOSEPH
AGED 24 YEARS
S/O. K. C. JOSEPH, KANDOTH HOUSE, PULINTHANAM P.
O., PARAMBANCHERY, MUVATTUPUZHA, ERNAKULAM -
686671, MOB - 9946786863.
4 AKSHAY BIJU
AGED 21 YEARS
S/O. BIJUMON V. D., VELLAMTHADATHIL HOUSE,
PULINTHANAM P. O., PARAMBANCHERY, MUVATTUPUZHA,
ERNAKULAM - 686671, MOB - 9526334407.
BY ADVS.
SONNYMON K. MATHEW
GANESH.S.PAI
W.P.(C).No.13342/21 & con.cases
2
RESPONDENTS:
1 THE SECRETARY,
POTHANICAD GRAMA PANCHAYATH, POTHANICAD P. O.,
PIN - 686671.
2 THE VILLAGE OFFICER
ENANALLOOR VILLAGE OFFICE, POTHANICAD P. O., PIN
- 686671.
3 DISTRICT MEDICAL OFFICER (HEALTH)
DISTRICT MEDICAL OFFICE, PARK AVE, MARINE DRIVE,
ERNAKULAM, PIN - 682011.
4 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, REGIONAL
OFFICE, KADAVANTHARA, ERNAKULAM - 682020.
5 THE GEOLAGIST
DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
KAKKANADU - 682030.
6 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE (DIC), KUNNUMPURAM,
KAKKANADU - 682030.
7 THE STATION HOUSE OFFICER
POTHANICAD POLICE STATION - 686671.
8 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANADU - 682030.
9 T. V. MUJEEB
THELAMPURAM HOUSE, ALLAPPRA P. O., PERUMBAVOOR,
PIN - 683556, MOB - 9947702627, PARTNER.
10 C. P. RAFEEQ
CHIRACKAKKUDY HOUSE, ALLAPRA P. O., PERUMBAVOOR,
PIN - 683556, PARTNER.
W.P.(C).No.13342/21 & con.cases
3
11 C. P. JALAL
CHIRACKAKKUDY HOUSE, ALLAPRA P. O., PERUMBAVOOR,
PIN - 683556, MOB - 9946885077, PARTNER.
12 C. P. ANUS
CHIRACKAKKUDY HOUSE, ALLAPRA P. O., PERUMBAVOOR,
PIN - 683556, PARTNER.
13 C. P. MUHAMMED FAZAL
CHIRACKAKKUDY HOUSE, ALLAPRA P. O., PERUMBAVOOR,
PIN - 683556, PARTNER.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
K.R.PRATHISH
K.S.ARCHANA
R.LAKSHMI NARAYAN
R.RANJANIE
OTHER PRESENT:
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.03.2022, ALONG WITH WP(C).1975/2022,
2039/2022, THE COURT ON 07.04.2022 DELIVERED THE FOLLOWING:
W.P.(C).No.13342/21 & con.cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 1975 OF 2022
PETITIONERS:
P.B BOARDS
REP BY ITS MANAGING PARTNER, JALAL C .P,
AGED 43, SON OF PAREED, CHIRACKAKUDI HOUSE,
VENGOLA VILLAGE, KUNNATHUNADU TALUK, ALLAPRA P.O.,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683556
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
R.LAKSHMI NARAYAN
R.RANJANIE
RESPONDENTS:
1 DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE
MUVATTUPUZHA, PIN - 686661
2 STATION HOUSE OFFICER
POTHANICAD POLICE STATION, PAINGATTOOR ROAD,
POTHANICAD, ERNAKULAM DISTRICT, PIN - 686671
3 STEPHEN MATHEW
SON OF MATHEW, MANALODYIL HOUSE, PULINTHANAM
P.O., ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM, PIN - 686671
W.P.(C).No.13342/21 & con.cases
5
4 BIJU DAMODHARAN
SON OF DAMODHARAN, VELLAMTHADATHIL HOUSE,
ENANALLOOR VILLAGE PARAMBANCHERY KARA
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686671
5 AKSHAY BIJU
S/O BIJU, VELLAMTHADATHIL HOUSE,
ENANALLOOR VILLAGE, PARAMBACHERY KARA,
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686671
6 JOSEPH CHACKO
S/O CHACKO KANDOTHU HOUSE,
ENANALLOOR VILLAGE, PARAMBACHERY KARA,
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686671
7 SAJI CHACKO
S/O CHACKO, KANDOTHU HOUSE, ENANALLOOR VILLAGE,
PARAMBACHERY KARA, MUVATTUPUZHA TALUK, ERNAKULAM,
PIN - 686671
8 NOUFAL
S/O KASIM, MULLASSERRY HOUSE, PALLARIMANGALAM
P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
9 SHAHUL
S/OMUHAMMED, MANJALAMKKUNNEL HOUSE,
PALLARIMANGALAM P.O., ADIVADU, ERNAKULAM, PIN -
686671
10 ANSIF ABUDL RAHMAN
S/O ABDUL RAHMAN, KAMMALAYIL HOUSE,
PALLARIMANGALAM P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
11 SHAMEER MYTHEEN
S/O MYTHEEN, KIZHAKKEL HOUSE, PALLARIMANGALAM
P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
W.P.(C).No.13342/21 & con.cases
6
12 ABAAN
S/O MOITHU, KUNJATTU HOUSE, PALLARIMANGALAM P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
13 ALI
THANIKUNNEL HOUSE, PARAMBANCHERY KARA
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686671
BY ADV SONNYMON K. MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.03.2022, ALONG WITH WP(C).13342/2021 AND
CONNECTED CASES, THE COURT ON 07.04.2022 DELIVERED THE
FOLLOWING:
W.P.(C).No.13342/21 & con.cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 2039 OF 2022
PETITIONERS:
TVM BOARDS
REP BY ITS MANAGING PARTNER, T. V MUJEEB,
AGED 48, SON OF VEERAN, THELAMPURAM HOUSE,
ALLAPRA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN
- 683556
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
R.LAKSHMI NARAYAN
R.RANJANIE
RESPONDENTS:
1 DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE
MUVATTUPUZHA, PIN - 686661
2 STATION HOUSE OFFICER
POTHANICAD POLICE STATION, PAINGATTOOR ROAD,
POTHANICAD, ERNAKULAM DISTRICT, PIN - 686671
3 STEPHEN MATHEW
SON OF MATHEW, MANALODYIL HOUSE, PULINTHANAM
P.O., ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM, PIN - 686671
W.P.(C).No.13342/21 & con.cases
8
4 BIJU DAMODHARAN
SON OF DAMODHARAN, VELLAMTHADATHIL HOUSE,
ENANALLOOR VILLAGE PARAMBANCHERY KARA
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686671
5 AKSHAY BIJU
SON OF BIJU, VELLAMTHADATHIL HOUSE, ENANALLOOR
VILLAGE,
PARAMBACHERY KARA, MUVATTUPUZHA TALUK, ERNAKULAM,
PIN - 686671
6 JOSEPH CHACKO
SON OF CHACKO KANDOTHU HOUSE,
ENANALLOOR VILLAGE, PARAMBACHERY KARA,
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686671
7 SAJI CHACKO
S/O CHACKO, KANDOTHU HOUSE, ENANALLOOR VILLAGE,
PARAMBACHERY KARA, MUVATTUPUZHA TALUK, ERNAKULAM,
PIN - 686671
8 NOUFAL
SON OF KASIM, MULLASSERRY HOUSE, PALLARIMANGALAM
P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
9 SHAHUL
SON OF MUHAMMED, MANJALAMKKUNNEL HOUSE,
PALLARIMANGALAM P.O., ADIVADU, ERNAKULAM, PIN -
686671
10 ANSIF ABUDL RAHMAN
SON OF ABDUL RAHMAN, KAMMALAYIL HOUSE,
PALLARIMANGALAM P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
11 SHAMEER MYTHEEN
SON OF MYTHEEN, KIZHAKKEL HOUSE, PALLARIMANGALAM
P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
W.P.(C).No.13342/21 & con.cases
9
12 ABAAN
S/O MOITHU, KUNJATTU HOUSE, PALLARIMANGALAM P.O.,
ADIVADU, ERNAKULAM, PIN - 686671
13 ALI
THANIKUNNEL HOUSE, PARAMBANCHERY KARA
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686671
BY ADV SONNYMON K. MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.03.2022, ALONG WITH WP(C).13342/2021 AND
CONNECTED CASES, THE COURT ON 07.04.2022 DELIVERED THE
FOLLOWING:
W.P.(C).No.13342/21 & con.cases
10
ANU SIVARAMAN, J.
= = = = = = = = = = = = = = =
W.P.(C).Nos.13342 of 2021,
1975 & 2039 of 2022
= = = = = = = = = = = = = = = =
Dated this the 7th day of April, 2022
JUDGMENT
1. Heard the learned counsel for the petitioners, the learned
Government Pleader, the learned standing counsel appearing
for the Panchayat and the learned standing counsel appearing
for the Pollution Control Board.
2. The prayers in W.P.(C).No.13342/2021 is as follows:-
i) Issue a writ of Mandamus or any other appropriate writ orders or
directions commanding to the 6th respondent to immediately revoke
Exhibit-P5 Acknowledgement Certificates' crookedly issued for M/s PB
Boards by Acknowledgment No. KLMSME-3929/2021 on 28/05/2021
and M/s TVM Boards by Acknowledgment No. KLMSME-3942/2021 on
30/05/2021 to set up hazardous twin plywood manufacturing units at
Parambanchery, in Pothanicad Grama Panchayath, in Muvattupuzha
Taluk in Ernakulam District.
ii) To issue a Writ in the nature of mandamus directing all banks and
all - other financial institutions, to abstain from issuing any loans to
the respondents No. 9 to 13 based on Exhibit-P5 Certificates.
iii) To issue a Writ in the nature of mandamus directing all the
respondents 1 to 8 to initiate necessary urgent actions to shut down
the proposed plywood units at Parambanchery with immediate effect."
W.P.(C).No.13342/21 & con.cases
3. While W.P.(C).Nos.1975/2022 and 2039 of 2022 are filed by
M/s.P.B. Boards and M/s.TVM Boards respectively, seeking
directions to extent police protection to the petitioners, their
workers, vehicles etc. for developing the property for
construction of buildings as permitted by the Pollution Control
Board and as covered by the Acknowledgment Certificates under
the Kerala Micro Small and Medium Enterprises Facilitation Act,
2019 (hereinafter referred to as the "MSME Act" for short).
4. The learned counsel for the petitioner in W.P.(C).No.13342/2021
would contend that the petitioners in the other writ petitions
have obtained fraudulent Acknowledgment Certificates from the
Department of Industries and Commerce for starting plywood
manufacturing units in the Pothanicadu Grama Panchayat and
that the emissions from the plywood units are likely to impact the
immediate surroundings and adversely affect the health of the
residents of the locality. It is submitted that mass representations
had been submitted by the petitioners before the various
authorities and that respondents 9 to 13 have managed to secure
fraudulent acknowledgment certificates and that the petitioner
is therefore entitled to the reliefs as sought for. With regard to
W.P.(C).No.13342/21 & con.cases
the writ petitions filed by the two partnership firms, it is
contended that the partnership firms are not registered and that
therefore they cannot maintain the writ petitions filed by them
as W.P.(C).No.1975/2022 and 2039/2022.
5. I have considered the contentions advanced . It is an admitted
fact that the petitioners in W.P.(C).Nos.1975/2022 and
2039/2022 have obtained acknowledgment certificates under the
MSME Act. Section 10 of the MSME Act specifically provides as
follows:-
"10. Overriding effect of this Act on other laws.---(1) The provisions of
this Act shall have overriding effect, notwithstanding anything
inconsistent therewith contained in any other law, for the time being in
force. (2) In particular and without prejudice to the generality of the
foregoing provisions of this Act, such provisions shall have effect
notwithstanding anything inconsistent therewith contained in the
following enactments and the provisions of these enactments shall be
read as amended in conformity with the provisions of this Act,
namely:-
1. The Kerala Panchayat Raj Act, 1994 (13of1994)
2. The Kerala Municipality Act, 1994 (20of 1994)
3. The Kerala Shops and Commercial Establishments Act, 1960 (34 of
1960)
4.The Kerala Lift and Escalators Act, 2013 (18 of 2013)
5. Travancore - Cochin Public Health Act, 1955 (XVI of 1955)
6. Madras Public Health Act, 1939 (3 of 1939)"
W.P.(C).No.13342/21 & con.cases
The effect of acknowledgment certificates issued under the
MSME Act is also specifically provided in Section 6 thereof.
6. In the above view of the matter, in view of the admitted fact that
the petitioners in W.P.(C).No.1975/2022 and 2039/2022 have
obtained acknowledgment certificates in terms of the Kerala
Micro Small and Medium Enterprises Facilitation Act, I am of the
opinion that the prayers in W.P.(C).No.13342/2021 cannot be
allowed. Apart from stating that the firms are not registered, no
material is placed on record in the writ petitions filed by the
party respondents. The consent to establish as well as the
acknowledgment certificates have been duly issued in the name
of the firms and the petitioners have sued as the firms
represented by its Managing Partners. The presumption is
therefore, plainly that the firms are duly registered firms. In the
absence of any material, I am not inclined to accept the
contention that the firms are not registered and therefore cannot
maintain the writ petitions. Apart from stating that the
acknowledgment certificates are fraudulently obtained, there is
no material produced before me except the representation
submitted by the petitioner in W.P.(C).No.13342 of 2021 to
W.P.(C).No.13342/21 & con.cases
substantiate the above contention. W.P.(C).No.13342 of 2021
therefore fails and the same is accordingly dismissed.
7. There will, resultantly, be a direction in W.P.(C).No.1975/2022
and 2039/2022 that the 2nd respondent shall afford adequate
protection to the petitioners in the said writ petitions to carry
out the permitted activities under Exhibits P2 and P3 and shall
afford adequate protection against any attack or obstruction
from the party respondents or anybody claiming through
them.
Sd/-
Anu Sivaraman, Judge
sj
W.P.(C).No.13342/21 & con.cases
APPENDIX OF WP(C) 13342/2021
PETITIONER EXHIBITS
Exhibit P1 THE PHOTOS OF UPROOTED RUBBER TREES AND
ILLEGAL LAND CONVERSIONS.
Exhibit P2 THE TRUE COPY OF THE MASS REPRESENTATION
DATED 18.05.2021 SUBMITTED BY THE
PETITIONERS TO THE 1ST RESPONDENT.
Exhibit P3 THE TRUE PHOTOSTAT COPY OF THE
RESOLUTION NO.11(1) PASSED BY THE
GOVERNING BODY OF THE POTHANICAD GRAMA
PANCHAYATH DATED 15.06.2021.
Exhibit P4 THE TRUE PHOTOSTAT COPY OF THE DIRECTION
DATED 01.06.2021 HAD MADE BY THE 8TH
RESPONDENT TO THE 1ST RESPONDENT.
Exhibit P5 THE TRUE PHOTOSTAT COPIES OF THE
ACKNOWLEDGEMENT CERTIFICATE FOR M/S PB
BOARDS BY ACKNOWLEDGMENT NO.KLMSME-
3929/2021 ON 28.05.2021 AND M/S TVM
BOARDS BY ACKNOWLEDGEMENT NO.KLMSME-
3942/2021 ON 30.05.2021 HAD CROOKEDLY
ISSUED BY THE 6TH RESPONDENT.
Exhibit P6 THE TRUE PHOTOSTAT COPY OF NOD FOR THE
CONSENT TO ESTABLISH ON 11.03.2021 HAD
ISSUED BY THE 4TH RESPONDENT.
Exhibit P7 THE TRUE PHOTOS OF THE ANGANVADY NO.47.
Exhibit P8 THE TRUE PHOTOS OF THE AGITATIONS
PERFORMED BY THE RESIDENTS FROM WARD
NO.1 OF POTHANICAD GRAMA PANCHAYATH.
W.P.(C).No.13342/21 & con.cases
APPENDIX OF WP(C) 1975/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
19.01.2021 OF THE PROPERTY OF THE YEAR
2020-2021 ISSUED BY THE ENANALLOOR
VILLAGE.
Exhibit2 TRUE COPY OF THE CONSENT TO ESTABLISH
ISSUED BY THE POLLUTION CONTROL BOARD
DATED 11.02.2021
Exhibit3 TRUE COPY OF THE CERTIFICATE ISSUED FROM
THE DISTRICT INDUSTRIES CENTER DATED
28.05.2021
Exhibit4 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 01.07.2021
Exhibit5 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
THE EXT.P4 COMPLAINT DATED 01.07.2021
Exhibit6 TRUE COPY OF THE STOP MEMO ISSUED BY THE
VILLAGE OFFICER, ENANALLOOR DATED
03.07.2021
Exhibit7 TRUE COPY OF THE ORDER OF THE RDO,
MUVATTUPUZHA DATED 27.07.2021
Exhibit8 TRUE COPY OF THE JUDGMENT OF HON’BLE
HIGH COURT OF KERALA IN WP (C) NO.18100
OF 2021 DATED 22.12.2021
Exhibit9 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 11.01.2022
Exhibit10 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
THE EXT.P9 COMPLAINT DATED 11.01.2022
W.P.(C).No.13342/21 & con.cases
APPENDIX OF WP(C) 2039/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
19.01.2021 OF THE PROPERTY OF THE YEAR
2020-2021 ISSUED BY THE ENANALLOOR
VILLAGE
Exhibit2 TRUE COPY OF THE CONSENT TO ESTABLISH
ISSUED BY THE POLLUTION CONTROL BOARD
DATED 11.03.2021
Exhibit3 TRUE COPY OF THE CERTIFICATE ISSUED FROM
THE DISTRICT INDUSTRIES CENTER DATED
30.05.2021
Exhibit4 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 01.07.2021
Exhibit5 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
THE EXT.P4 COMPLAINT DATED 01.07.2021
Exhibit6 TRUE COPY OF THE STOP MEMO ISSUED BY THE
VILLAGE OFFICER, ENANALLOOR DATED
03.07.2021
Exhibit7 TRUE COPY OF THE ORDER OF THE RDO,
MUVATTUPUZHA DATED 27.07.2021
Exhibit8 TRUE COPY OF THE JUDGMENT OF HON’BLE
HIGH COURT OF KERALA IN WP (C) NO.18209
OF 2021 DATED 22.12.2021
Exhibit9 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 11.01.2022
W.P.(C).No.13342/21 & con.cases
Exhibit10 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
THE EXT.P9 COMPLAINT DATED 11.01.2022
True copy
PS to Judge
W.P.(C).No.13342/21 & con.cases
