Leighton India Contractors ... vs Elamkunnappuzha Grama Panchayat
2022 Latest Caselaw 1228 Ker

W. P. (C) No. 16069 of 2016      -1-


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
   FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
                     WP(C) NO. 16069 OF 2016
PETITIONER/S:

             LEIGHTON INDIA CONTRACTORS PRIVATE LIMITED
             ALLIANCE TRITVAM, GOSHREE PACHALAM LINK ROAD,
             MARINE DRIVE, ERNAKULAM-682 018, KERALA,
             REPRESENTED BY ITS PROJECT MANGER, ARUN
             KALLEKKAD.
             BY ADV SRI.MILLU DANDAPANI


RESPONDENT/S:

     1       ELAMKUNNAPPUZHA GRAMA PANCHAYAT
             REPRESENTED BY ITS SECRETARY, MALIPURAM P.O.,
             ERNAKULAM DISTRICT.
     2       THE SECRETARY
             ELAMKUNNAPPUZHA GRAMA PANCHAYAT MALIPURAM P.O.,
             ERNAKULAM DISTRICT-682 511.
     3       CATHERINE PAOULOSE
             W/O.PAULOSE, AMBALATHINKAL HOUSE, THRIPUNITHURA
             P.O., ERNAKULAM DISTRICT,PIN-682 301.
     4       MS.TATA REALTY INFRASTRUCTURE LIMITED
             ELPHINSTONE BUILDING, 10 VEER NARIMAN ROAD,
             MUMBAI-400 001, REPRESENTED THROUGH PROJECT HEAD,
             KERALA, ZACHARIAH GEROGE, GOSHREE PACHALAM LINK
             ROD, MARINE DRIVE, ERNAKULAM-682 018.
             BY ADV SRI.SAJAN MANNALI


      THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   28.01.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 16069 of 2016         -2-




                              JUDGMENT

Dated this the 28th day of January, 2022

This writ petition is filed by the petitioner seeking the following

reliefs:-

"i. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibit P11 undated notice issued by the 1st respondent;

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to conduct inspection of the labour camp of the petitioner and report the status of facilities there."

2. The basic issue raised in the writ petition is in regard to the

interference made by the Elamkunnapuzha Grama Panchayat in the

matter of conduct of a labour camp by the petitioner in order to carry

out its industrial activities.

3. However a detailed deliberation and adjudication of the

matters raised in the writ petition are not required for the reason that

the learned counsel for the petitioner Sri. Millu Dandapani submitted

that the construction of the building is over, however there are no

activities taken place since the workers have gone to their native

places and therefore the labour camp is dismantled.

This writ petition is disposed of by placing on record the

submission made by the learned counsel for the petitioner as above.

Sd/-

SHAJI P. CHALY JUDGE

Eb ///TRUE COPY/// P. A. TO JUDGE

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE AGREEMENT DATED 3/7/2012 ENTERED INTO BETWEEN THE PETITIONER AND M/S.TATA REALTY INFRASRUCTURE EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 27/10/2015 TO CONSTRUCT TOWER NO.6 RESIDENTIAL APARTMENT EXHIBIT P3 TRUE COPY OF THE RENEWAL RENT AGREEMENT DATED 1/1/2016.

EXHIBIT P4 TRUE COPY OF THE LATEST PHOTOGRAPHS SHOWINT THE LABOUR CAMP EXHIBIT P5 TRUE COPY OF THE HYGIENE AND SANITATION CERTIFICATE OBTAINED FROM THE PHC, PUTHUVYE DATED 29/3/2016 BY MS/.POINEER INFRA.

EXHIBIT P6 TRUE COPY OF THE ONE OF THE HEALTH CARD DATED 27/7/2015 ISSUED TO MR.MUKESH SAH.

EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF PAYMENT DATD 13/4/2016 ISSUED TO SAS GROUP FOR AN AMOUNT OF RS.1,65.000/-

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF PAYMENT DATD 13/4/2016 ISSUED TO SN GROUP FOR AN AMOUNT OF RS.2,19,600/-

EXHIBIT P9 TRUE COPY OF THE DETAILED WASTE PICK UP TIMESHEET OF M/S.SN GROUP FOR THE MONTH OF MARCH 2016 DATED 5/4/2016.

EXHIBIT P10 TRUE COPY OF THE METRO EDITION OF THE MANARAMA DAILY PUBLIHSED ON 11/9/2014. EXHIBIT P11 TRUE COPY OF THE UNDATED NOITCE ISSUED BY THE 2ND RESPONDENT EXHIBIT P12 TRUE COPY OF THE REPLY DATED 22/4/2016 ISSUED TO THE 2ND RESPONDENT AND ITS RECEIPT.