Kerala High Court
Paulose vs Kunnathunadu Grama Panchayat on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 14699 OF 2016
PETITIONER:
PAULOSE
S/O. LATE VARKEY, MURIYATH HOUSE, PATTIMATTOM.P.O.,
KIZHAKKAMBALAM.P.O., ERNAKULAM.
BY ADV SRI.K.G.CLEETUS
RESPONDENTS:
1 KUNNATHUNADU GRAMA PANCHAYAT
KUMARAPURAM.P.O, 683 565, REPRESENTED BY ITS SECRETARY.
2 ERNAKULAM DISTRICT OFFICER,
THE KERALA STATE POLLUTION CONTROL BOARD, 1ST FLOOR,
MANNALIKUDY ARCADE, (MANNA RESIDENCY), M.C. ROAD,
PERUMBAVOOR - 683 542.
3 CHIEF ENVIRONMENTAL ENGINEER
THE KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM
REGIONAL OFFICE, GANDHI NAGAR, KOCHI - 682 020.
4 K.N.SUBRAMANNIAN
PROPRIETOR, M/S.DEVI AUTO ENGINEERING WORKS,
KAITHAKKADU KARA, PATTIMATTOM - 683 562,
ERNAKULAM DISTRICT.
BY ADV SRI.T.A.UNNIKRISHNAN - R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14699 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 14699 of 2016
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Call for the records leading to Exhibits-P11, P12
and P13:
(ii) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 1 st
respondent to close down the automobile workshop run
by the 4th respondent in Building No.VIII/281-B of
Kunnathunadu Grama Panchayath;
(iii) To issue a writ of certiorari or any other
appropriate writ, order or direction, to quash Exhibit-P11;
(iv) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 1 st
respondent to issue appropriate direction to the 4 th
respondent to limit working of the workshop as a
manufacturing unit purported for gates and grills, under
Exhibit-P8;
(v) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 1 st
respondent not to renew the licence to the workshop run
by the 4th respondent.
(v a) To call for the records leading to Exhibit-P15
and issue a writ of certiorari or any other appropriate
WP(C) NO. 14699 OF 2016
writ, order or direction to quash Exhibit-P15 licence.
(vi) To grant such other reliefs which are just and
proper in the facts and circumstances of the case."[SIC]
2. The main prayer in the writ petition is to issue
direction to the 1st respondent Panchayath to close down
the automobile workshop run by the 4 th respondent in
Building No.VIII/281-B of Kunnathunadu Grama
Panchayath. As far as this prayer is concerned, the counsel
for the 4th respondent submitted that the 4th respondent is
having licence issued by the Panchayath and that is in force
till now. If there is any grievance to the petitioner against
the same, the petitioner is free to approach the
Panchayath. As far as the 3rd prayer is concerned, it is to
quash Ext.P11. Admittedly, Ext.P11 consent to operate is
expired. The fourth prayer is to issue a direction to the 1 st
respondent to issue appropriate direction to the 4 th
respondent to limit working of the workshop as a
manufacturing unit purported for gates and grills, under
Exhibit P8. This is also a matter to be addressed to the
Panchayath and after hearing all other affected parties, the
WP(C) NO. 14699 OF 2016
Panchayath can decide the matter. Similarly the next
prayer is to issue direction to the 1 st respondent not to
renew the licence to the workshop run by the 4 th
respondent. Admittedly, the licence is already renewed.
So that prayer is also infructuous. Then the additional
relief sought for is to quash Ext.P15. It is submitted by the
counsel for the 4th respondent that Ext.P15 is also expired.
Therefore the prayers in the writ petition are infructuous.
3. If there is any surviving grievance to the
petitioner against the functioning of the unit by the 4 th
respondent, the petitioner is free to approach the
Panchayath or other statutory authorities with a
representation. If such a representation is received, the
statutory authorities or the Panchayath will do the needful
in accordance to law.
With the above observation, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 14699 OF 2016
APPENDIX OF WP(C) 14699/2016
PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF THE LICENCE DATED
15.5.2006 ISSUED BY 2ND RESPONDENT IN
FAVOUR OF 4TH RESPONDENT.
EXT.P2: TRUE COPY OF THE ACKNOWLEDGEMENT DATED
18.2.2011 ISSUED BY THE DISTRICT
INDUSTRIES CENTRE, ERNAKULAM.
EXT.P3: TRUE COPY OF THE CONSENT TO OPERATE
TOGETHER WITH LOCATION SKETCH DATED
11.6.2013, WHICH IS VALID UPTO
30.6.2015.
EXT.P4: TRUE COPY OF THE JUDGMENT DATED
10.11.2014 IN W.P.(C).NO.21343/2014 OF
HON'BLE HIGH COURT OF KERALA.
EXT.P5: TRUE COPY OF THE INSTRUCTIONS DATED
15.12.2014 GIVENT O THE 4TH RESPONDENT.
EXT.P6: PHOTOGRAPHS DEPICTING THE WORKSHOP,
OPEN SPACE IN VICINITY AND THE VEHICLES
PARKED FOR VARIOUS WORKS.
EXT.P7: TRUE COPY OF THE ORDER NO.A2-3922/19
(K.DIS) DT.28.5.2014, THE 1ST
RESPONDENT.
EXT.P8: TRUE COPY OF THE LICENCE ISSUED FOR
2014-15 ISSUED BY 1ST RESPONDENT DATED
29.5.2014.
EXT.P9: TRUE COPY OF THE APPLICATION DATED
9.2.2016 FILED BY PETITIONER BEFORE 1ST
RESPONDENT.
EXT.P10: TRUE COPY OF THE ANSWERS RECEIVED FROM
THE 1ST RESPONDENT.
EXT.P11: TRUE COPY OF THE CONSENT TO OPERATE
DATED 18.2.2015 ISSUED BY 2ND
RESPONDENT.
EXT.P12: TRUE COPY OF THE COMPLAINT DATED
WP(C) NO. 14699 OF 2016
14.12.2015 FILED TO THE 1ST RESPONDENT.
EXT.P13: TRUE COPY OF THE RESOLUTION DATED
28.12.2015 OF 1ST RESPONDENT.
EXT.P14: TRUE COPY OF THE INFORMATION DATED
5.2.2016 GIVEN BY PUBLIC INFORMATION
OFFICER, COLLECTORATE, ERNAKULAM.
EXT.P15: TRUE COPY OF THE LICENCE DATED 5.5.2016
ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
