T T Sunny vs State Of Kerala
2022 Latest Caselaw 7471 Ker

WP(C) NO. 15237 OF 2022              1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                          WP(C) NO. 15237 OF 2022
PETITIONER/S:

               T T SUNNY
               AGED 75 YEARS
               S/O. THOMAS,
               THANDEKKATTU HOUSE,
               MEENANGADI P.O.
               WAYANAD.
               , PIN - 673591

               BY ADVS.
               ENOCH DAVID SIMON JOEL
               S.SREEDEV
               RONY JOSE
               LEO LUKOSE
               SUZANNE KURIAN
               CIMIL CHERIAN KOTTALIL



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY,
               DEPARTMENT OF INDUSTRIES,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695001

      2        DISTRICT SINGLE WINDOW CLEARANCE BOARD
               DISTRICT INDUSTRIES CENTRE,
               NH766, MUTTIL, WAYANAD
               REPRESENTED BY ITS CONVENOR.
               , PIN - 673122

      3        MEENANGADI GRAMA PANCHAYAT
 WP(C) NO. 15237 OF 2022           2




               MEENANGADI
               WAYANAD
               REPRESENTED BY ITS SECRETARY.
               , PIN - 673591

      4        PANKAJAKSHAN
               S/O. KUTTAPPAN,
               THUMBARAPALLY,
               KARYAMBADY P.O,
               WAYANAD
               , PIN - 673591

               BY ADV JOHN JOSEPH VETTIKAD,SC-R3



OTHER PRESENT:

               SMT.VIDYA KURIAKOSE, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15237 OF 2022                 3




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 15237 of 2022
                     --------------------------------------
                 Dated this the 24th day of June, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext P12 and quash the same.

ii. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case." [SIC]

2. The main grievance of the petitioner is that Ext.P12 is

an order passed without giving an opportunity of hearing to the

petitioner. When this writ petition came up for consideration on

an earlier occasion, this Court directed the learned

Government Pleader to verify whether Ext.P12 order was

passed after hearing the petitioner. Today, the Government

Pleader fairly submitted that Ext.P12 order is passed without

giving an opportunity of hearing to the petitioner. The learned

counsel for the 3rd respondent submitted that the petitioner

suppressed several facts and there is a series of litigation in

connection with the same. It is also submitted that it is not a

new enterprise. Whatever that may be, it is an admitted fact

that Ext.P12 is an order passed without giving an opportunity

of hearing to the petitioner. Therefore, Ext.P12 can be set aside

and there can be a direction to the 2 nd respondent to reconsider

the matter, after giving an opportunity of hearing to the

petitioner and the 3rd respondent-Panchayat within a time

frame, so that there will be quietus to the entire issue.

Therefore, this writ petition is disposed of with the

following directions :

       1)     Ext.P12 is set aside.

       2)     The 2nd respondent is directed to reconsider the

matter after giving an opportunity of hearing to the petitioner,

3rd respondent and other affected parties, if any as

expeditiously as possible, at any rate, within one month from

the date of receipt of a copy of this judgment.

3) All contentions raised by the petitioner in this writ

petition are left open.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 15237/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT DATED 04.11.2020 IN WP(C) NO. 33852/2019 AND WP(C) NO. 6070/2020 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE ORDER DATED 27.11.2020 BEARING NO. A3-1356/2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMMON JUDGMENT DATED 30.03.2021 IN WP(C) NO. 27788/2020 AND WP(C) NO. 7783/2021 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF THE REPORT DATED 15.04.2021 SUBMITTED BY THE DISTRICT MEDICAL OFFICER, WAYANAD.

Exhibit P5 TRUE COPY OF THE CONSENT DATED 17.08.2021 ISSUED BY THE POLLUTION CONTROL BOARD.

Exhibit P6 TRUE COPY OF THE LETTER DATED 10.09.2021 BEARING NO. B3-1724/21 ISSUED BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER DATED 23.10.2021 IN I.A. 1118/2021 IN APPEAL NO. 522/2021 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

Exhibit P8 TRUE COPY OF THE ORDER DATED 20.10.2021 BEARING NO. A3-4374/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE ORDER DATED 29.10.2021 IN I.A. 1153/2021 IN APPEAL NO. 543/2021 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF

GOVERNMENT INSTITUTIONS.

Exhibit P10 TRUE COPY OF THE ORDER DATED 09.11.2021 BEARING NO. A2-1356/20 ISSUED BY THE 3RD RESPONDENT.

Exhibit P11 TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 11.10.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF THE LETTER DATED 12.04.2022 ISSUED BY THE GENERAL MANAGER OF THE DISTRICT INDUSTRIES CENTRE, WAYANAD ALONG WITH THE COPY OF THE MINUTES OF THE MEETING OF THE 2ND RESPONDENT HELD ON 22.03.2022.