Kunhimoosa vs State Of Kerala
2022 Latest Caselaw 8462 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WP(C) NO. 30925 OF 2021
PETITIONER:

          KUNHIMOOSA
          AGED 62 YEARS
          S/O. KUNHIMAMMU, RESIDING IN THE ADDRESS
          MANIKOTH HOUSE, ANIYARAM, CHOKLI P.O.,
          KANNUR DISTRICT-670 672
          BY ADV G.SREEKUMAR (CHELUR)


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY THE SECRETARY TO THE GOVERNMENT,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM P.O.,
          THIRUVANANTHAPURAM DISTRICT-695 001
    2     THE CHOROD GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY,
          P.O.CHOROD, VADAKARA,
          KOZHIKODE DISTRICT-673 106
    3     THE SECRETARY,
          CHOROD GRAMA PANCHAYATH, P.O. CHOROD, VADAKARA,
          KOZHIKODE DISTRICT-673 106
    4     KERALA STATE POLLUTION CONTROL BORAD
          DISTRICT OFFICES, KOZHIKODE,
          REP., BY ITS ENVIRONMENTAL ENGINEER,
          HAVING OFFICE AT 3RD FLOOR, ZAMORAN'S SQUARE,
          LINK ROAD, KOZHIKODE DISTRICT - 673002.
    5     SURENDRAN
          AGED 61, S/O.ACHUTHAN,
          RESIDING IN THE ADDRESS CHERUVATH HOUSE,
          P.O. CHOROD, VADAKARA,
          KOZHIKODE DISTRICT -673 106.
 WP(C) NO. 30925 OF 2021
                                2

            BY ADVS.
            T.SETHUMADHAVAN (SR.)
            B.KRISHNAN
            R.PARTHASARATHY
            PREETHI. P.V.
            M.V.BALAGOPAL
            SRI. NAVEEN, SC



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   06.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30925 OF 2021
                                  3

               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 30925 of 2021
      ----------------------------------------------
        Dated this the 06th day of July, 2022


                        JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) Call for the records leading to Exts P12 and P13 and may be pleased to issue a writ of certiorari to quash the same.

(ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 3 and 4 to make appropriate suitable site inspection with notice to the petitioner and on the basis of the same to determine all the disputed issues and conduct an enquiry and decide the same in an appropriate time as may be fixed by this Hon'ble court in the interest of justice

(iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant."[SIC]

2. The petitioner and the 5th respondent are

partners of a firm which runs a hotel, with a super

market and a bakery attached to it. It is the case of the

petitioner that the owner of the building is the 5 th WP(C) NO. 30925 OF 2021

respondent and since he is unable to have reliefs

obtained from the civil court for getting vacant

possession he has employed certain tactics by alleging

pollution in the premises. Notices were issued to the

petitioner by the Pollution Control Board. Ext.P12 is the

notice issued by the State Pollution Control Board and

Ext.P13 is the consequential notice issued by the

Panchayath. These two notices are challenged in this

writ petition.

3. When this writ petition came up for

consideration on 31.12.2021, this Court was pleased to

stay the operation of Exts.P12 and P13 for a period of

one month. It was regularly extended thereafter. When

the matter came up for consideration on 07.06.2022,

this Court modified the order and extended the interim

order on condition that the petitioner will cure the

defects in Exts.P12 and P13. Again the interim order

was extended subsequently on two occasions. When the

matter came up for consideration on 28.06.2022, this

Court passed the following order:

WP(C) NO. 30925 OF 2021

"Interim order will stand extended till 6/7/2022. In the meanwhile, the Pollution Control Board will file a statement whether the conditions in Exts.P12 and P13 are complied with, by the petitioner. If it is not complied with, Pollution Control Board will take appropriate action, in accordance with law."

4. This Court directed the Pollution Control Board

to file a statement whether the conditions in Exts.P12

and P13 are complied with by the petitioner. It is also

stated that, if it is not complied with, the Pollution

Control Board will take appropriate action in accordance

with law. Today, the learned Standing counsel appearing

for the Pollution Control Board submitted that, when the

officials of the Pollution Control Board reached the

premises, the hotel was closed and therefore, the

inspection was not conducted. The counsel appearing

for the 5th respondent submitted that the hotel is now

closed. The counsel appearing for the petitioner

submitted that he will make arrangements to the

Pollution Control Board to inspect the premises.

If that is the case, the writ petition itself can be WP(C) NO. 30925 OF 2021

disposed of in the following manner:

i. The 4th respondent will inspect the

premises of the petitioner and find out whether the

conditions prescribed in Ext.P12 are complied with by

the petitioner. Before inspection, the 4 th respondent

should give notice to the petitioner and the 5th

respondent.

ii. Based on the inspection, the 4 th respondent

will pass appropriate orders in accordance to law, if

no consent is obtained by the petitioner.

iii. Till final orders are passed as directed

above, the interim order which is modified on

07.06.2022 will continue in force.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 30925 OF 2021

APPENDIX OF WP(C) 30925/2021

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS NO.151 OF 20 ON THE FILE OF THE MUNSIFF COURT, VADAKARA DATED 2.12.2020 EXHIBIT P2 A TRUE COPY OF THE PLAINT IN OS NO.61 OF 21 ON FILED OF THE SUB COURT, VADAKARA DATED 20.10.2021 EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT IN WPC NO.29674 OF 18 DATED 27.11.18 EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DELIVERED IN WPC NO.12573 OF 19 DATED 14.6.19 BY THIS HON'BLE COURT EXHIBIT P5 A TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER DATED 1.4.20 BY THE THIRD RESPONDENT EXHIBIT P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED NIL EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE POSTAL AUTHORITY FOR ISSUANCE OF APPLICATION FOR RENEWAL DATED 30.3.2021 EXHIBIT P8 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE ASSISTANT LABOUR OFFICER, VADAKARA DATED 27.8.20 EXHIBIT P9 A TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE TALUK TAHSILDAR LAND ACQUISITION NATIONAL HIGHWAY VADAKARA DIVISION, KOZHIKODE DATED 9.10.21 EXHIBIT P10 A TRUE COPY OF THE COVER OF THE LETTER ISSUED AS REGISTERED AD ISSUED DATED NIL WP(C) NO. 30925 OF 2021

EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION FROM THE GOVERNMENT FAMILY HEALTH CENTRE, CHOROD TO THE 3RD RESPONDENT PANCHAYATH DATED 15.12.21 EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION BY THE FOURTH RESPONDENT DATED 3.12.21 EXHIBIT P13 A TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 22.12.21 EXHIBIT P14 A TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 24.12.21 EXHIBIT P15 A TRUE COPY OF THE RECEIPTS ISSUED BY THE FOURTH RESPONDENT DATED 20.4.2021 AND 28.10.2021 RESPONDENT EXHIBITS EXHIBIT R5 A TRUE COPY OF THE AGREEMENT BETWEEN THE 5TH RESPONDENT AND PETITIONER DATED 10/7/2017 EXHIBIT R5 B TRUE COPY OF THE LETTER DATED 15/6/2020 FROM 5TH RESPONDENT TO THE PETITIONER WITHDRAWING FROM PARTNERSHIP BUSINESS ACCEPTED BY PETITIONER.

EXHIBIT R5 C TRUE COPY OF THE STATEMENT OF ACCOUNTS OF MONEY RECEIVED SPECIFYING THE ACCOUNTS EXHIBIT R5 D TRUE COPY OF THE INTERIM ORDER DATED 15/12/2021 PASSED IN WPC NO.28928/2021 BY THIS HON'BLE COURT

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE