Kerala High Court
Farooq V.K vs The Malappuram District Single ... on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 25923 OF 2021
PETITIONER/S:
FAROOQ V.K, AGED 34 YEARS
S/O MUHAMMAD V, PROPRIETOR V.K. FISHERIES,
VALIYATHRAPADI, MANJERI ROAD, PANDIKKAD,
MALAPPURAM DISTRICT, PIN-676 521.
BY ADVS.
O.V.MANIPRASAD
JOSE ANTONY
S.SHIV SHANKAR
SOJAN MICHEAL
RESPONDENT/S:
1 THE MALAPPURAM DISTRICT SINGLE WINDOW CLEARANCE
BOARD
(NODAL AGENCY UNDER THE KERALA MICRO, SMALL AND
MEDIUM,M ENTERPRISES FACILITATION ACT, 2019)
CIVIL STATION, MALAPPURAM, REPRESENTED BY ITS
CONVENER, THE GENERAL MANAGER, DISTRICT
INDUSTRIES CENTER, MALAPPURAM-676 505
2 THE DISTRICT COLLECTOR,
MALAPPURAM, PIN-676 505.
3 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTER, CIVIL STATION,
MALAPPURAM-676 505.
4 THE PANDIKKAD GRAMA PANCHAYAT,
PANDIKKAD P.O.MALAPPURAM DISTRICT-676 521,
REPRESENTED BY ITS SECRETARY.
5 THE SECRETARY
THE PANDIKKAD GRAMA PANCHAYAT, PANDIKKAD
P.O.MALAPPURAM DISTRICT-676 521.
-2-
W.P.(C). No. 25923 of 2021
6 ADDL.R6.P.NEELAKANTAN NAMBEESAN
S/O. NEELAKANTAN NAMBEESAN, AGED 92 YEARS,
RESIDING AT 'KRISHNA NIVAS', VALLUVANGAD SOUTH
P.O., PANDIKKAD, MALAPPURAM DISTRICT, PIN-
676521
IS IMPLEADED AS ADDITIONAL R6 AS PER ORDER
DATED 10.02.2022 IN I.A.1/2022 IN WPC
25923/2021
7 ADDL.R7.R.RAMDAS
S/O.AYYAPPAN (LATE), POOVANCHERI HOUSE,
VALLUVANGAD SOUTH P.O., PANDIKKAD, MALAPPURAM
DISTRICT
IS IMPLEADED AS ADDITIONAL R7 AS PER ORDER
DATED 10.02.2022 IN I.A.2/2022 IN WPC
25923/2021
BY ADVS.
K.M.SATHYANATHA MENON
P.J.MATHEW
ATHUL SHAJI
KAVERY S THAMPI
EBIN MATHEW
AKHILA SHOJI
ANWIN JOHN ANTONY
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 25923 of 2021
P.V.KUNHIKRISHNAN, J.
=================================================
W.P. (C) No. 25923 of 2021
=============================================================
Dated this the 15th day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"i. Issue a writ of mandamus, order or direction
directing the respondents 1 to 3 to forward the Self
Certification submitted by the petitioner and the
Acknowledgement Certificate issued to the
petitioner's enterprise to all competent authorities
including respondents 4 and 5 as provided under
rule 4(5) of the Kerala Micro Small Medium
Enterprises Facilitation Rules 2020.
ii. Issue a writ of mandamus, order or direction
directing the respondents 1 to 3 to take necessary
action for resolving the dispute between the
petitioner's enterprise and the respondents 4 and 5
as per Rule 4 (6) of the Kerala Micro Small
Medium Enterprises Facilitation Rules 2020.
iii. Issue a writ of mandamus, order or direction
directing the respondents 1 to 3 to consider Exhibit
P7 representation submitted by the petitioner
within a time frame fixed by this Hon'ble Court.
W.P.(C). No. 25923 of 2021
iv. Such other relief this Hon'ble Court deems fit and
proper to grant in the facts and circumstances of
the case." (sic)
2. When this writ petition came up for consideration
today, the learned Government Pleader submitted that the
petitioner himself withdrew the application for
acknowledgement certificate.
3. The learned counsel for respondents 4 and 5
submitted that a detailed statement is filed.
4. In the light of the submission made by the learned
Government Pleader, the counsel for the petitioner submitted
that the writ petition can be closed in the light of the subsequent
development and the petitioner may be allowed to approach the
competent authority, if there is any fresh cause of action. The
contentions of the petitioner in this writ petition may be left
open.
In the light of the above, this writ petition is closed. The
W.P.(C). No. 25923 of 2021
petitioner is granted liberty to approach the competent authority,
if there is any fresh cause of action and all the contentions
raised in this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 25923 of 2021
APPENDIX OF WP(C) 25923/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ACKNOWLEDGMENT
CERTIFICATE DATED 21.7.2020 ISSUED BY
THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE ISSUED TO THE PETITIONER
Exhibit P3 A TRUE COPY OF THE CONSENT TO
OPERATE/AUTHORIZATION/REGISTRATION
WITH NO PCB/CO/9211/19 DATED 4.10.2019
Exhibit P4 A TRUE COPY OF THE CONSENT VARIATION
ORDER DATED 29.10.2019 ISSUED BY THE
ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD
Exhibit P5 A TRUE COPY OF THE FSSAL LICENSE NO
11320010000400 DATED 25.6.2021
Exhibit P6 A TRUE COPY OF THE STOP MEMO DATED
9.9.2020 ISSUED BY THE 5TH RESPONDENT
Exhibit P7 A TRUE COPY OF THE RESOLUTION NO 4(1)
DATED 13.10.2020 OF THE 4TH RESPONDENT
PANCHAYAT
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED
18.2.2021 IN WPC NO 21151 OF 2020
Exhibit P9 A TRUE COPY OF THE LETTER DATED
17.4.2021 ISSUED BY THE 5TH RESPONDENT
Exhibit P10 A TRUE COPY OF THE RESOLUTION NO 4/1
DATED 16.6.2021 OF THE 4TH RESPONDENT
Exhibit P11 A TRUE COPY OF THE PETITION FILED
UNDER SECTION 4 OF THE ACT AND RULES 5
AND 6 OF THE RULES
Exhibit P12 A TRUE COPY OF THE ACKNOWLEDGEMENT
DATED 23.10.2021 ISSUED TO THE
PETITIONER BY THE 1ST RESPONDENT
