T.P. Aliyar vs T.A. Musthafa, S/O.Aymulla
2022 Latest Caselaw 647 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943

                       WP(C) NO. 25224 OF 2013

PETITIONERS:

    1     T.P. ALIYAR,
          THANNISSERY HOUSE, ERUMELIKKARA,
          KUMARAPURAM P.O., PIN-683 565.

    2     P.B.ALI,
          PEEDIYEKKAL HOUSE, ERUMELIKKARA
          KUMARAPURAM P.O., PIN-683 565.

    3     ANOOP KASIM,
          PALLIYATH PARAMBIL, ERUMELIKKARA,
          KUMARAPURAM P.O., PIN-683 565.

    4     SEBASTIAN DANY GEORGE,
          S/O K.S.GEORGE, KARUVILAKUNNEL,
          ALUVILA, MAYYANAD P.O., KOLLAM,
          REPRESENTED BY ITS POWER OF ATTORNEY HOLDER,
          MR.P.J.THOMAS, S/O JOSEPH, SRAMBIKAL HOUSE,
          YMCA ROAD, CHANGANASSERY.

          BY ADV SRI.PAULSON C.VARGHESE


RESPONDENTS:

    1     T.A. MUSTHAFA,
          S/O.AYMULLA, ERUMELIKKARA,KUMARAPURAM P.O.,
          PIN-683 565,ERNAKULAM DISTRICT.

    2     KUNNATHUNAD GRAMA PANCHAYATH
          KUMARAPURAM P.O., PIN-683 565, ERNAKULAM DISTRICT.

    3     PRESIDENT,
          KUNNATHUNAD GRAMA PANCHAYATH
          KUMARAPURAM P.O., PIN-683 565, ERNAKULAM DISTRICT.

    4     POLLUTION CONTROL BOARD
          DISTRICT OFFICE, ERNAKULAM (II), FIRST FLOOR,
          MANNA RESIDENCY, M.C.ROAD, PERUMBAVOOR-683 542.
 W.P.(C)No.25224 of 2013
                                  2



    5      DISTRICT MEDICAL OFFICER
           DISTRICT HOSPITAL, ERNAKULAM-682 035.

           BY ADVS.
           SRI.C.ANILKUMAR (KALLESSERIL)
           SRI.C.Y.VINOD KUMAR
           R3 - SRI.K.M.FAISAL,GOVERNMENT PLEADER
           SRI.T.NAVEEN, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.25224 of 2013
                                    3


                             JUDGMENT

Dated this the 14th day of January, 2022

This writ petition is filed by the petitioners seeking the

following reliefs:

a) issue a writ in the nature of certiorari or any other appropriate writ or order setting aside Exhibit P13 order, holding that the act of 3 rd respondent, President of the Panchayat Committee is illegal, unjustified and arbitrary and he is not competent to issue such an order.

b) issue a writ declaring that Exhibit P10 of the second respondent Secretary is proper and valid."

2. On going through the pleadings, it is evident that the

objection raised in the writ petition is in regard to an M-sand

unit conducted by the 1st respondent.

3. However, today when the matter is taken up, learned

counsel for the 1st respondent, Sri.C.Y.Vinod Kumar, submitted

that the M-sand unit is stopped by the 1st respondent years

ago.

4. In that view of the matter, I think the writ petition can

be disposed of recording the above said submission. W.P.(C)No.25224 of 2013

Therefore, the writ petition is disposed of recording that

the 1st respondent has stopped the M-sand unit.

Sd/-

Shaji P.Chaly Judge

vpv W.P.(C)No.25224 of 2013

APPENDIX OF WP(C) 25224/2013

PETITIONER EXHIBITS

EXT.P1 TRUE COPY OF THE SKETCH DATED 17-6-2013 ISSUED BY THE VILLAGE AUTHORITIES.

EXT.P2 TRUE COPY OF THE SKETCH PREPARED BY THE PETITIONERS.

EXT.P3 TRUE COPY OF THE JOINT REPORT DATED 25-2-2013 SUBMITTED BY THE PANCHAYAT COMMITTEE MEMBERS.

EXT.P4 TRUE COPY OF THE LETTER DATED 1-4-2013 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM (II) PERUMBAVOOR.

EXT.P5 TRUE COPY OF THE CIRCULAR DATED 27-10-2011 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

EXT.P6 TRUE COPY OF THE MINUTES OF THE HEARING HELD BY THE POLLUTION CONTROL BOARD, ON 9-5-2013.

EXT.P7 TRUE COPY OF THE ORDER DATED 7-3-2013 PASSED BY THE SECOND RESPONDENT PANCHAYAT SECRETARY.

EXT.P8 ORDER DATED 14-3-2013 PASSED BY THE 3RD RESPONDENT, PRESIDENT OF THE PANCHAYAT COMMITTEE.

EXT.P9 TRUE COPY OF THE JUDGMENT IN WPC 13025/2013 PASSED BY THIS HON'BLE COURT.

EXT.P10 TRUE COPY OF THE ORDER DATED 30-9-2013 PASSED BY THE SECOND RESPONDENT SECRETARY.

EXT.P11 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 4TH PETITIONER DATED 13.9.2013.

EXT.P12 TRUE COPY OF THE COMPLAINT DATED 17-9-2013 SUBMITTED BY PETITIONER BEFORE THE 5TH RESPONDENT.

EXT.P13 TRUE COPY OF THE ORDER DATED 5-10-2013 PASSED BY THE 3RD RESPONDENT PRESIDENT OF THE PANCHAYAT COMMITTEE.

W.P.(C)No.25224 of 2013

EXT.P14 TRUE COPY OF THE LETTER DATED 4-6-2013 ISSUED BY THE KERALA STATE ELECTRICITY BOARD(KSEB).

EXT.P15 TRUE COPY OF THE LETTER DATED 4-6-2013 ISSUED BY THE KERALA STATE ELECTRICITY BOARD(KSEB).

//TRUE COPY//

P.A. TO JUDGE