Kerala High Court
Rameshan K vs State Of Kerala on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 9701 OF 2022
PETITIONER:
RAMESHAN K,
AGED 38 YEARS,
KUTHIRAPPADY HOUSE, PATLA P.O, KASARGODE,
PIN 671 124.
BY ADV V.BEENA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, STATE
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE ENMAKAJE GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, ENMAKAJE GRAMA
PANCHAYATH, PERIYA P.O, KASARGODE, PIN 671 552.
3 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS SECRETARY, DISTRICT OFFICE,
KASARGODE DISTRICT 671315.
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
SRI.T.NAVEEN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) NO.9701 OF 2022 2
P.V.KUNHIKRISHNAN, J.
==================
W.P.(C) No.9701 of 2022
==================
Dated this the 17th day of June, 2022
JUDGMENT
This writ petition is filed seeking the following prayers:
"i) Issue a writ of Certiorari or any other
appropriate writ order or direction, quashing Ext.P5
notice and stay all further proceedings pursuant initiated
by the 2nd respondent.
ii) Issue a writ of mandamus by directing the 2 nd
respondent panchayath to issue license to the petitioner
at the earliest."[sic]
2. When this writ petition came up for consideration on
22.03.2022 this Court passed the following orders:
"Admit. ;earned Government Pleader takes
notice for the first respondent. Learned Standing
Counsel takes notice for the 3rd respondent.
Petitioner to take out notice for the 2 nd respondent by
speed post or e-mail.
Post after summer holidays.
In the meanwhile, further steps pursuant to
Ext.P5 shall be taken by the respondents only after
considering Ext.P6 reply submitted by the petitioner
and after hearing the petitioner and passing
appropriate orders in accordance with law."
3. Today the learned Standing Counsel appearing for the 3 rd
respondent submitted that the consent to operate has already given
to the petitioner.
4. If that is the case, the petitioner can produce the same
before the Panchayat and the Panchayat can re-consider the matter.
To facilitate the Panchayat to pass fresh orders, Ext.P5 can be set
aside.
In the result, this writ petition is allowed in the following
manners:
i)Ext.P5 is set aside.
ii) The petitioner is free to produce the
consent to operate, issued by the 3rd
respondent, before the 2nd respondent-
Panchayat along with other documents, if any,
within a period of one week from the date of
receipt of a copy of this judgment.
iii) On such an application is received the
2nd respondent will pass appropriate orders in
accordance with law within one month from
the date of receipt of the documents.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DSV/17.06.2022
APPENDIX OF WP(C) 9701/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE SALE DEED EXECUTED IN
FAVOUR OF THE PETITIONER SHOWING THE
OWNERSHIP OF THE COCONUT SHELL CHARCOAL
MANUFACTURING UNIT.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 13.01.2022
ISSUED FROM THE 2ND RESPONDENT PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION FOR LICENSE
DATED 22.02.2022 PLACED BY THE PETITIONER
BEFORE THE PANCHAYAT.
Exhibit P4 TRUE COPY OF THE CONSENT LETTER GIVEN BY
THE PEOPLE RESIDING AT NEARBY THE COCONUT
SHELL CHARCOAL PRODUCTION UNIT.
Exhibit P5 TRUE COPY OF THE STOP MEMO DATED
07.03.2022 ISSUED BY THE 2ND RESPONDENT
PANCHAYATH TO THE PETITIONER.
Exhibit P6 TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER BEFORE THE PANCHAYATH.
RESPONDENTS' EXHIBITS : NIL
