Varghese vs The State Of Kerala
2022 Latest Caselaw 8788 Ker

WP(C) NO. 20480 OF 2012             1



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                           WP(C) NO. 20480 OF 2012
PETITIONER/S:

               VARGHESE
               AGED 56 YEARS
               S/O. PAILAN, PANIKAMMITTOM HOUSE, NANTHIPULAM P.O.,
               THRISSUR DISTRICT.

               BY ADVS.
               SRI.G.SREEKUMAR (CHELUR)
               SMT.PREETHY KARUNAKARAN



RESPONDENT/S:

      1        THE STATE OF KERALA
               REP. BY THE SECRETARY TO THE GOVERNMENT LOCAL SELF
               GOVERNMENT DEPRTMENT, GOVERNMENT SECRETARIAT,
               THIRUVNANTHAPURAM-695001.

      2        THE VARANTHARAPPILLY GRAMA PANCHAYATH
               REP. BY ITS SECRETARY, VARANTHARAPPILLY .P.O., THRISSUR.

      3        JAMES
               S/O. LONAKUTTY, THOTTIAN HOUSE, CHENGALLUR DESOM,
               CHENGALLUR.P.O., THRISSUR DISTRICT.

               BY ADVS.
               SRI.C.A.CHACKO
               SMT.M.M.DEEPA
               SRI.V.A.JOHNSON VARIKKAPPALLIL
               SRI.P.VIJAYA BHANU SR.


OTHER PRESENT:
           SMT.DEEPA NARAYANAN, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20480 OF 2012                2




                          P.V.KUNHIKRISHNAN, J
                    --------------------------------------------
                        W.P.(C) No.20480 of 2012
                       --------------------------------------
                   Dated this the 7th day of July, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent to close down the unit of the third respondent since the same is run without statutory license and statutory sanction, immediately in the interest of justice.

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

2. When this writ petition came up for consideration, the

learned counsel appearing for the Panchayat submitted that the

Panchayat refused licence to the 3rd respondent-unit on

7.8.2020 and the same was challenged by the 3 rd respondent

before this Court by filing W.P.(C.) No. 26961/2020. That writ

petition is even now pending. If that is the case, the petitioner

can implead in the above writ petition and agitate his case. It is

submitted by the learned counsel for the Panchayat that based

on the interim order passed in W.P.(C.) No. 26961/2020, the

unit is now functioning.

Leaving open all the contentions raised by the petitioner

and with liberty to the petitioner to agitate the same before the

appropriate proceedings, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS EXT.P1 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT FOR THE COMPLAINT LODGED DATED 21.6.2012

EXT.P2 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE MOTHER OF THE PETITIONER DATED 29.3.2011

EXT.P3 A TRUE COPY OF THE COMMUNICATION BY THE SECOND RESPONDENT DATED 20.7.2012

RESPONDENT'S EXHIBITS :

EXT.R3(A) TRUE COPY OF THE CERTIFICATE DATED 17.6.1988 MANAGER (CREDIT) FOR DISTRICT INDUSTRIES CENTRE, THRISSUR

EXT.R3(B) TRUE COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD, DATED 23.8.2011

EXT.R3(C) TRUE COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD DATED 23.8.2011

EXT.R3(D) TRUE COPY OF THE SANITARY CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, MUPLIYAM DATED 31.10.2011

EXT.R3(E) TRUE COPY OF THE LICENCE DATED 12.10.2011 ISSUED BY THE 2ND RESPONDENT

EXT.R3(F) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT, DATED 23.02.2012.