V.V.Aboobacker Haji vs The Chungathara Panchayath
2022 Latest Caselaw 9215 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                         WP(C) NO. 30676 OF 2012
PETITIONER:

              V.V.ABOOBACKER HAJI,
              S/O.THERUVATH POCKER,, AGED 46 YEARS,
              VALIYAKATH VEETTIL, VENMANAD,PAVARATHY POST,
              CHAVAKKAD, TRISSUR DISTRICT,KERALA STATE
              MANAGING PARTNER, M/S.JALALIYA INTERNATIONAL,
              CHUNGATHARA, MALAPPURAM DISTRICT.
              (THE NAME AND ADDRESS OF THE PETITIONER IS SUBSTITUTED AS
              FAZIL MUNDASSERY, S/O.HUSSAIN HAJI,
              MUNDASSERY HOUSE (FAZIL MANZIL), EDARIKKODE.P.O.,
              KOTTAKKAL, MALAPPURAM DISTRICT
              SUBSTITUTED AS PER ORDER DATED 23/03/2013 IN IA
              4378/2013)

              BY ADVS.
              SRI.K.M.JAMALUDHEEN
              SMT.LATHA PRABHAKARAN


RESPONDENTS:

     1        THE CHUNGATHARA PANCHAYATH, CHUNGATHARA,
              POOKOTTUMANNA, MALAPPURAM DISTRICT- 679 334.

     2        THE SECRETARY, CHUNGATHARA GRAMA PANCHAYATH
              CHUNGATHARA, POOKOTTUMANNA, MALAPPURAM DISTRICT- 679 334.

  ADDL.R3     P.K.GOPALAN,
              SON OF KUTTAPPAN
              POOVATHINGAL HOUSE, CHOORAKKANDI, POOKKOTTUMANNA (P.O),
              NILAMBUR TALUK, MALAPPURAM DISTRICT.

    R4        P.C.POULOSE,
              SON OF CHACKO, PAINADATH HOUSE, CHOORAKKANDI,
              POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
              MALAPPURAM DISTRICT

    R5        P.THOMASKUTTY
              PUTHERNCHIRAYIL HOUSE, CHOORAKKANDI,
 WP(C) NO. 30676 OF 2012
                                 2

          POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
          MALAPPURAM DISTRICT.

    R6    M.KRISHNAKUMARI,
          WIFE OF GOPALAN, POOVATHINGAL HOUSE, CHOORAKKANDI,
          POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
          MALAPPURAM DISTRICT

    R7    ANEESH.T.A,
          SON OF ABRAHAM, THADATHIL HOUSE, CHOORAKKANDI,
          POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
          MALAPPURAM DISTRICT

    R8    SHYNI.K.J,
          DAUGHTER OF JOHN, THADATHIL HOUSE, CHOORAKKANDI,
          POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
          MALAPPURAM DISTRICT

    R9    YESUDAS.P.,
          SON OF P.P.GEORGE, PLAMOOTTIL, CHOORAKKANDI,
          POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
          MALAPPURAM DISTRICT

   R10    ANOOP P.K., SON OF KRISHNAN, PULLIKKAL HOUSE,
          CHOORAKKANDI, POOKKOTTUMANNA (P.O),
          NILAMBUR TALUK, MALAPPURAM DISTRICT

   R11    SUDHEESH.V.G, SON OF GOPALAKRISHNAN,
          VELLARINGATTU HOUSE,CHOORAKKANDI,
          POOKKOTTUMANNA (P.O), NILAMBUR TALUK,
          MALAPPURAM DISTRICT

          (ARE IMPLEADED AS PER ORDER DATED 9/4/13 IN
          I.A.NO.4745/5/13)

          BY ADVS.
          SRI.U.K.DEVIDAS
          SRI.R.RAJESH KORMATH

          SR.ADV.SRI.G.SHRIKUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30676 OF 2012
                                         3


                                  JUDGMENT

This writ petition is filed with the following prayers:

I) Issue a writ or certiorari or any other writ or order to quash Ext.P32 and 33 holding the same as illegal.

ii) Issue a writ of mandamus or any other writ, order of direction directing the respondent Panchayat to grant renewed permit and license to the industrial unit of the petitioner within the time frame as directed by this Hon'ble Court.

When this writ petition came up for consideration on

20.12.2012 this Court passed an order directing the respondent

Panchayat to grant renewed permit and license to the industrial

unit of the petitioner provisionally pending disposal of the writ

petition. Based on above interim order, the petitioner is

continuing. It is submitted that the respondent Panchayat renewed

the licence in subsequent years also. If that is the case, nothing

survives in this case. Recording the order dated 20.12.2012, this

writ petition is closed. If there is any further grievance to the

petitioner all those questions are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 30676 OF 2012

APPENDIX OF WP(C) 30676/2012

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE APPROVED BY THE RESPONDENT

Exhibit-P2 TRUE COPY OF TH PERMIT ISSUED BY THE RESPONDENT

Exhibit-P3 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 1-12-2007

Exhibit-P4 TRUE COPY OF THE PERMIT GRANTED BY THE TOWN PLANNING OFFICER DATED 13.12.2007

Exhibit-P5 TRUE COPY OF THE PLAN APPROVED BY THE TOWN PLANNING OFFICER

Exhibit-P6 TRUE COPY OF THE REQUEST LETTER DATED 13.12.2007 BY THE PETITIONER TO RESPONDENT

Exhibit-P7 TRUE COPY OF THE PROJECT REPORT SUBMITTED BY PETITIONER TO RESPONDENT PANCHAYATH

Exhibit-P8 TRUE COPY OF THE SANCTION LETTER OF DISTRICT INDUSTRIES CENTRE DATED 27.11.2007

Exhibit-P9 TRUE COPY OF THE PRICE LIST DATED 14.11.2007 & 17.10.2007 WITH AGREEMENT BETWEEN SHIVSU CANADIAN CLEAR WATER TECHNOLOGY & THE PETITIONER

Exhibit-P10 TRUE COPY OF THE LETTER DATED 26.11.2007 ISSUED BY SHIVSU CANADIAN CLEAR WATER TECHNOLOGY TO THE PETITIONER

Exhibit-P11 TRUE COPY OF CONSENT LETTER ISSUED BY POLLUTION CONTROL BOARD DATED 12.12.2007

Exhibit-P12 TRUE COPY OF PERMIT ISSUED BY THE JOINT DIRECTOR, FACTORIES & Boilers

Exhibit-P13 TRUE COPY OF FEASIBILITY CERTIFICATE ISSUED BY THE GROUND WATER AUTHORITY WP(C) NO. 30676 OF 2012

Exhibit-P14 TRUE COPY OF ORDER ISSUED BY RESPONDENT PANCHAYATH DATED 11.1.2008

Exhibit-P15 TRUE COPY OF ADVOCATE COMMISSIONERS REPORT FIELD IN WRIT PETITION NO.1947/2008

Exhibit-P16 TRUE COPY OF THE LICENSE ISSUED BY DIRECTOR OF FACTORY AND BOILERS TO THE PETITIONER

Exhibit-P17 TRUE COPY OF JUDGMENT IN WRIT PETITION NO.1947/2008 OF THIS HON'BLE COURT

Exhibit-P18 TRUE COPY OF REQUEST ISSUED BY THE PETITIONER TO THE RESPONDENT

Exhibit-P19 TRUE COPY OF ORDER ISSUED BY RESPONDENT DATED 25.07.2008

Exhibit-P20 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP.NO.23688/2008 DATED 17- 9-2008

Exhibit-P21 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE RESPONDENT

Exhibit-22 TRUE COPY OF THE DECISION NO.53/2008 OF THE RESPONDENT DATED 20.11.2008

Exhibit-P23 TRUE COPY OF THE LICENSE ISSUED BY RESPONDENT FOR THE YEAR 2008-2009

Exhibit-P24 TRUE COPY OF THE LICENSE ISSUED BY RESPONDENT FOR THE YEAR 2010-2011

Exhibit-P25 TRUE COPY OF COUNTER AFFIDAVIT FILED BY RESPONDENT IN W.P.NO.23688/2008

Exhibit-P26 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.NO.23688/2008 DATED 1-8-2012

Exhibit-P27 TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE RESPONDENT DATED 7-11-2012

Exhibit-P28 TRUE COPY OF THE CONSENT WITH RENEWAL WP(C) NO. 30676 OF 2012

ISSUED BY THE POLLUTION CONTROL BOARD

Exhibit-P29 TRUE COPY OF THE CERTIFICATE ISSUED BY GROUND WATER DEPARTMENT

Exhibit-P30 TRUE COPY OF THE CERTIFICATE ISSUED BY INSPECTOR OF FACTORIES AND BOILERS

Exhibit-P31 TRUE COPY OF BUILDING TAX RECEIPTS ISSUED BY RESPONDENT PANCHAYATH

Exhibit-P32 TRUE COPY OF ORDER ISSUED BY RESPONDENT PANCHAYATH DATED 12.12.2012

Exhibit-P33 TRUE COPY OF DECISION OF THE RESPONDENT PANCHAYATH DATED 12.12.2012.