Kerala High Court

M.M Basheer vs The Kizhuvilam Grama Panchayath on 1 August, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
                         WP(C) NO. 4900 OF 2015
PETITIONER:

            M.M.BASHEER
            AGED 54 YEARS
            S/O.LATE MUHAMMED KASIM,
            THENNOORKONATHU VILAYIL HOUSE,
            MUDAPURAM KARA AND POST,
            KIZHUVILAM VILLAGE, CHIRAYINKIL TALUK,
            THIRUVANANTHAPURAM DISTRICT.
            BY ADV SRI.P.KURUVILLA JACOB


RESPONDENTS:

    1       THE KIZHUVILAM GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY,
            MUDAPURAM POST, KIZHUVILAM VILLAGE,
            CHIRAYINKEEZHU TALUK,
            THIRUVANANTHAHPURAM DISTRICT-695 304.
    2       THE SECRETARY
            KIZHUVILAM GRAMA PANCHAYATH,
            MUDAPURAM POST, KIZHUVILAM VILLAGE,
            CHIRAYINKEEZHU TALUK,
            THIRUVANANTHAHPURAM DISTRICT-695 304.
    3       SEENATH BEEVI ALIAS ZEENA
            D/O.MUHAMMED KASIM, THENNOORKONATHU VILAYIL
            HOUSE,MUDAPURAM KARA AND POST,
            KIZHUVILAM VILLAGE, CHIRAYINKEEZHU TALUK,
            THIRUVANANTHAHPURAM DISTRICT-695 304.
    4       YOONUS KUNJU
            S/O.IBRAHIM KUNJU,
            THENNOORKONATHU VILAYIL HOUSE,
            MUDAPURAM KARA AND POST,
            KIZHUVILAM VILLAGE,
            CHIRAYINKEEZHU TALUK,
            THIRUVANANTHAHPURAM DISTRICT-695 304.
 W.P.(C).Nos. 4900/2015 & 23822/2014

                                  2

             BY ADVS.
             SRI.P.G.PRAMOD
             SRI.M.R.RAJESH
             SMT.E.S.SANDHYA




             SMT.DEEPA NARAYANAN, SR.GP



      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.08.2022, ALONG WITH WP(C).23822/2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos. 4900/2015 & 23822/2014

                                  3



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
                    WP(C) NO. 23822 OF 2014
PETITIONER:

            M.M BASHEER
            AGED 54 YEARS
            S/O.LATE MUHAMMED KASIM, THENNOORKONATHU
            VILAYIL HOUSE, MUDAPURAM KARA AND POST,
            KIZHUVILAM VILLAGE, CHIRAYINKEEZHU TALUK,
            THIRUVANANTHAPURAM DISTRICT - 695 304
            BY ADV SRI.P.KURUVILLA JACOB


RESPONDENTS:

     1      THE KIZHUVILAM GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, KIZHUVILAM
            VILLAGE, MUDAPURAM POST, CHIRAYINKIL TALUK,
            THIRUVANANTHAPURAM DISTRICT, PIN-695304
     2      THE SECRETARY KIZHUVILAM GRAMA PANCHAYATH
            KIZHUVILAM VILLAGE, MUDAPURAM POST,
            CHIRAYINKIL TALUK, THIRUVANANTHAPURAM DIST-
            695304
     3      SEENATH BEEVI ALIAS SEENA
            D/O.LATE MUHAMMED KASIM,THENNOORKONATHU
            VILAYIL HOUSE,MUDAPURAM KARA AND POST,
            KIZHUVILAM VILLAGE,
            CHIRAYINKEEZHU TALUK,
            THIRUVANANTHAPURAM DISTRICT-695304
     4      THE ENVIRONMENTAL ENGINEER
            THE KERALA STATE POLLUTION CONTROL BOARD,
            DISTRICT OFFICE, PATTOM POST,
            THIRUVANANTHAPURAM, PIN-695004
 W.P.(C).Nos. 4900/2015 & 23822/2014

                                  4

             BY ADVS.
             SRI.P.G.PRAMOD
             SRI.M.R.RAJESH
             SRI. M.AJAY, SC, KERALA STATE POLLUTION
             CONTROL BOARD

              SMT.DEEPA NARAYANAN, SR.GP



      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.08.2022, ALONG WITH WP(C).4900/2015, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos. 4900/2015 & 23822/2014

                                  5


                 P.V.KUNHIKRISHNAN, J.
                ------------------------------
               W.P.(C).Nos. 4900 of 2015
                    and 23822 of 2014
        ----------------------------------------------
        Dated this the 01st day of August, 2022


                         JUDGMENT

When these two writ petitions came up for

consideration on 14.07.2022, it is submitted that the

petitioner is no more and the legal heirs want to come

on record. Today, there is no representation for the

petitioner and no application is filed for impleading the

legal heirs. The counsel appearing for the contesting

respondents submitted that there is no legal heirs to the

deceased petitioner.

In the light of the above submission, these

writ petitions are closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE W.P.(C).Nos. 4900/2015 & 23822/2014

APPENDIX OF WP(C) 23822/2014

PETITIONER EXHIBITS P1:-TRUE COPY OF THE LAND TAX RECEIPT DTD 21/6/2011 ISSUED TO PETITIONER FROM KIZHUVILAM VILLAGE OFFICE P2:-TRUE COPY OF THE NO OBJECTION LETTER DTD 18/5/2006 ISSUED TO PETITIONER BY HIS NEIGHBOURING RESIDENTS VIZ, 3RD RESPONDENT AND HER SISTER P3:-TRUE COPY OF THE 2ND RESPONDENTS CERTIFICATE DTD 30/5/2006 ISSUED TO PETITIONER BASED ON THE ASSESSMENT REGISTER OF BUILDINGS FOR THE YEAR 2005-06 P4:-TRUE COPY OF THE LAST LICENCE ISSUED TO PETITIONER ON 21/6/2011 FROM THE OFFICE OF 2ND RESPONDENT P5:-TRUE COPY OF THE INTERIM ORDER OF INJUCTION PASSED BY THE MUNSIFFS COURT ATTINGAL IN OS NO 146/2012 VIDE ORDER DTD 3/4/2012 IN IA NO 863/2012 P6:-TRUE COPY OF THE FIR NO 801 DTD 2/12/2012 REGISTERED BY THE S I OF POLICE, CHIRAYINKEEZHU AGAINST 3RD RESPONDENT AND HER THREE CLOSE RELATIVES P7:-TRUE COPY OF 5TH RESPONDENTS CONSENT LETTER DTD 6/5/13 ISSUED TO PETITIONERS SSI UNIT P8:-TRUE COPY OF PETITIONERS REVIEW PETITION DTD 23/5/2013 FORWARDED TO 5TH RESPONDENT P8A:-TRUE COPY OF LETTER NO 10299 DTD 23/5/13 ISSUED TO THE PETITIONER FROM THE OFFICE OF 5TH RESPONDENT W.P.(C).Nos. 4900/2015 & 23822/2014

P9:-TRUE COPY OF 2ND RESPONDENT'S NOTICE DTD 18/3/2014 COMMUNICATED TO PETITIONER P10:-TRUE COPY OF PETITIONERS REPLY DTD 28/3/14 FORWARDED TO 2ND RESPONDENT P11:-TRUE COPY OF PETITIONERS LETTER DTD 3/3/2014 FORWARDED TO 2ND RESPONDENT P12:-TRUE COPY OF PETITIONERS REGISTERED LETTER DTD 29/3/2014 FORWARDED TO 5TH RESPONDENT P13:-TRUE COPY OF LETTER DTD 27/5/2014 OF THE DIRECTOR OF PANCHAYATH AT THIRUVANANTHAPURAM COMMUNICATED TO PETITIONER P14:-TRUE COPY OF 5TH RESPONDENTS LETTER DTD 6/6/2014 COMMUNICATED TO PETITIONER P15:-TRUE COPY OF PETITIONERS REGISTERED LETTER DTD 11/8/2014 FORWARDED TO 2ND RESPONDENT W.P.(C).Nos. 4900/2015 & 23822/2014

APPENDIX OF WP(C) 4900/2015

PETITIONER EXHIBITS EXT.P1.TRUE COPY OF THE NO OBJECTION LETTER DATED 18/5/2006 ISSUED TO PETITIONER BY HIS NEIGHBOURING RESIDENTS VIZ 3RSD RESPONDENT AND HER SISTER.

EXT.P2.TRUE COPY OF THE LAST LICENSE ISSUED TO PETITIONER'S UNIT ON 21/6/2011 FROM THE OFFICE OF THE 2ND RESPONDENT EXT.P2(A).TRUE ENGLISH VERSION OF EXT.P2.

EXT.P3.TRUE COPY OF THE INTERIM ORDER OF INJUNCTION PASSED BY THE MUNSIFF'S COURT ATTINGAL IN OS NO.146/2012 VIDE ORDER DATED 3/4/2012 IN IA NO.863/2012.` EXT.P4.TRUE COPY OF THE CONSENT LETTER DATED 6/5/2013 ISSUED TO THE PETITIONER'S SSI FROM THE POLLUTION CONTROL BOARD AT THIRUVANANTHAPURAM. EXT.P5.TRUE COPY OF THE REVIEW PETITIONER'S REVIEW PETITION DATED 23/5/2013 SUBMITTED TO THE ENVIRONMENTAL ENGINEER IN THE POLLUTION CONTROL BOARD AT THIRUVANANTHAPURAM.

EXT.P5(A).TRUE ENGLISH VERSION OF EXT.P5.

EXT.6.TRUE COPY OF THE LETTER NO.20299 DATED 23/5/2013 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE POLLUTION CONTROL BOARD AT THIRUVANANTHAPURAM.EXT.P5. W.P.(C).Nos. 4900/2015 & 23822/2014

EXT.P6(A).TRUE ENGLISH VERSION OF EXT.P6.

EXT.P7.TRUE COPY OF THE RESPONDENT'S NOTICE DATED 18/3/2014 COMMUNICATED TO THE PETITIONER EXT.P7(A).TRUE ENGLISH VERSION OF EXT.P7.

EXT.P8.TRUE COPY OF THE PETITIONER'S REPLY DATED 28/3/2014 FORWARDED TO THE 2ND RESPONDENT EXT.P9.TRUE COPY OF THE INTERIM ORDER DATED 12/2/2014 IN WPC NO.31716/2013 OF THE HIGH COURT.

EXT.P10.TRUE COPY OF THE COMPLAINT DATED 13/6/20`12 SISGNED BY THE 3RD RESPONDENT , HER HUSBAND AND HER SISTER THAHIRA AND SAID TO HAVE LODGED TO THE INSPECTOR OF FACTORIES AND BOILERS, THIRUVANANTHPAURAM. EXT.P10(A).TRUE ENGLISH VERSION OF EXT.P10.

EXT.P11.TRUE COPY OF THE COUNTER AFFIDAVIT DATED 2/12/2014 FILED BY THE INSPECTOR OF FACTORIES AND BOILERS, THIRUVANANTHAPURAM IN WPC NO.31716/2013 OF THE HIGH COURT. EXT.P12.TRUE COPY OF THE LETTER DATED 6/6/2014 OF THE POLLUTION CONTROL BOARD THIRUVANANTHAPURAM TO THE PETITIONER EXT.P12(A).TRUE ENGLISH VERSION OF EXT.P7.

EXT.P13.TRUE COPY OF THE ORDER DATED 12/9/2014 IN WPC NO.23822/2014 OF THE HIGH COURT.

EXT.P14.TRUE COPY OF THE PETITIONER'S W.P.(C).Nos. 4900/2015 & 23822/2014

COMPLAINT DATED 18/10/2014 LODGED TO THE SI OF POLICE, CHIRAYINKEEZHU POLICE STATION.

EXT.P15.TRUE COPY OF THE ORDER DATED 1/1/2015 OF THE 2ND RESPONDENT COMMUNICATED TO PETITIONER ON 7/1/2015.

EXT.P15(A).TRUE ENGLISH VERSION OF EXT.P15A.

EXT.P16.TRUE COPY OF THE INTERIM ORDER DATED 3/2/2015 IN CRL. MC NO.867/2015 OF THE HONOURABLE HIGH COURT OF KERALA.

RESPONDENT'S EXHIBITS: