Kerala High Court
A.M.Saheer vs The Secretary, Vengola Grama ... on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 15012 OF 2012
PETITIONERS:
1 A.M.SAHEER
AGED 42 YEARS
S/O. MUHAMMED ALI, ALAVUMKUDI, P.O.PONJASSERI,
ERNAKULAM DISTRICT.
2 P.C.THANKAPPAN
AGED 46 YEARS
S/O. CHACKONNI, PICHIMPILLY, PONJASSERY.
3 A.M.MUHAMMED ALI
AGED 71 YEARS
S/O. MEETHIYEN, ALAVUMKUDI, PONJASSERY.
4 P.C.SUSILAN
AGED 43 YEARS
S/O. CHACKONNI, PICHIMPILLY, PONJASSERY.
5 SUNISH BABU
AGED 26 YEARS
S/O.KUNJUMON, PICHIMPILLY, PONJASSERY.
6 A.M.SHIHAS
AGED 32 YEARS
S/O. MUSSAN, PICHIMPILLY, PONJASSERY.
7 P.C.SUDHEESH BABU
AGED 28 YEARS
S/O. KUNJUMON, PICHIMPILLY, PONJASSERY.
8 A.M.SUBAIR
AGED 46 YEARS
S/O. MUHAMMED ALI, PICHIMPILLY, PONJASSERY.
BY ADVS.
SRI.K.M.ANEESH
SRI.ADARSH KUMAR
SRI.DEVAN RAMACHANDRAN
SMT.FRINDA PAILY
SRI.S.NIKHIL SANKAR
RESPONDENTS:
1 THE SECRETARY, VENGOLA GRAMA PANCHAYATH
P.O.VENGOLA, PIN-683 554.
2 VENGOLA GRAMA PANCHAYATH
P.O.VENGOLA, REP. BY ITS SECRETARY, PIN-683 554.
W.P.(C).No.15012/2012
2
3 THE CHIEF ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, REGIONAL
OFFICE, ERNAKULAM, PIN-682 020.
4 KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, GANDHI NAGAR,
ERNAKULAM-682 020.
5 THE DISTRICT COLLECTOR
ERNAKULAM, COLLECTORATE OFFICE, KAKKANAD P.O.,
ERNAKULAM, PIN-682 030.
6 DISTRICT MEDICAL HEALTH OFFICER
NEAR GENERAL HOSPITAL, ERNAKULAM, PIN-682 030.
7 DISTRICT INDUSTRIES CENTRE
KADAVANTHARA, ERNAKULAM-682 020,
REP. BY ITS GENERAL MANAGER.
8 DEPUTY DIRECTOR OF PANCHAYATH
DIRECTORATE OF PANCHAYATH,
THIRUVANANTHAPURAM-695 001.
9 M.A.ANSHAD
MELETH HOUSE, PONJASSERI P.O.,
M/S. MELETH INDUSTRIES, CHEMBRATHUKUNNU,
PONJASSERY P.O., PIN-683 547.
BY ADVS
SRI.BRIJESH MOHAN
SRI.K.JAJU BABU
SRI.SIRAJ KAROLY
SRI. M.AJAY, SC, KERALA STATE PCB
SMT.M.U.VIJAYALAKSHMI
OTHER PRESENT:
SRI.NAVEEN.T, SC, SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.15012/2012
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.15012 of 2012
----------------------------------------------
Dated this the 27th day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records leading to Exts.P4 and P5 and
set aside the same.
ii. Issue a writ of in the nature of mandamus or such
other appropriate writ, order or direction
directing the respondents 1 to 8 to make enquires
in respect of issuance of license to the 9 th
respondents to starting the tile factory and take
appropriate action.
iii. Direct the respondents 1 to 8 to hear the
petitioners and the residence of the locality where
tile factory is going to be constructed before
taking a decision in respect of issuance of license
by the 1st and 2nd respondents.
iv. Direct the 1st and 2nd respondents not to issue
license to the 9th respondent for starting the tile
factory in Re-Survey No. 21/7-1 of Vengola Grama
Panchayth, Vengola Village, Kunnathmadu Taluk.
v. Pass such appropriate writ, order or direction
which this Hon'ble Court may deem fit and proper
to the facts and circumstances of the case.
(SIC)
W.P.(C).No.15012/2012
2. Exts.P4 and P5 are challenged in this writ petition.
Ext.P4 is a consent to establish issued by the Kerala State
Pollution Control Board which is valid only up to 03.05.2015.
That period is already over. Ext.P5 is a building permit issued
by the local Grama Panchayat. It is submitted by the learned
counsel for the 9th respondent that the building is already
constructed based on Ext.P5 permit.
3. In the light of the above facts, I think the prayers in
this writ petition are infructuous. If there is any surviving
grievance to the petitioners, the petitioners are free to
approach the appropriate authority in accordance to law.
With the above observation, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.15012/2012
APPENDIX OF WP(C)15012/2012
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE DECISION DATED 14.06.2011
EXHIBIT P2 COPY OF THE ORDER DATED 18.01.2011 OF
THE THIRD RESPONDENT
EXHIBIT P3 COPY OF THE COMPLAINT GIVEN BY THE
PETITIONERS AND OTHERS TO THE 5TH
RESPONDENT DATED 17.10.2011
EXHIBIT P4 COPY OF THE CONSENT LETTER ISSUED BY
THE 4TH RESPONDENT DATED 04.05.2012
EXHIBIT P5 COPY OF THE BUILDING PERMIT DATED
25.05.2012 BY THE 1ST RESPONDENT
EXHIBIT P6 COPY OF THE SITE INSPECTION CONDUCTED
ON 21.02.2012 BY THE 4TH RESPONDENT
EXHIBIT P7 COPY OF THE SCHEDULE WHICH SHOWS
VARIOUS CATEGORIES
EXHIBIT P8 COPY OF TEH PROTEST COMPLAINT GIVEN BY
NORTH PONJASSERY MUSLIM CULTURAL
ASSOCIATION DATED 11.02.2011 TO THE
5TH RESPONDENT
EXHIBIT P9 COPY OF THE ORDER IN WRIT APPEAL
NO.2256/2012
EXHIBIT P10 COPY OF THE CONSENT TO OPERATE TO THE
9TH RESPONDENT IN THE WPC DATED
12.03.2013
RESPONDENTS' EXHIBITS
EXHIBIT R9(A) COPY OF THE MINUTES OF THE INDUSTRIAL
SINGLE WINDOW CLEARANCE BOARD,
ERNAKULAM DATED 19.10.2011
EXHIBIT R9(B) COPY OF THE MINUTES OF HTE MEETING
HELD ON 27.03.2012 OF THE DISTRICT
SINGLE WINDOW CLEARANCE BOARD,
ERNAKULAM
EXHIBIT R9(C) COPY OF THE LETTER NO.A-1638/11 DATED
7.9.2011 ISSUED FROM THE OFFICE OF THE
ASST. DIVISIONAL OFFICER, FIRE &
RESCUE SERVICES, ERNAKULAM TO THE
GNERAL MANAGER, DISTRICT INDUSTRIES
CENTRE, GANDHI NAGAR, ERNAKULAM
EXHIBIT R9(D) COPY OF THE LETTER NO.L-DIS.(C2)-
15145/2011 DATED 30.1.2012 ISSUED BY
W.P.(C).No.15012/2012
THE DISTRICT MEDICAL OFFICER OF
HEALTH, ERNAKULAM, TO THE GENRAL
MANAGER, DISTRICT INDUSTRIES CENTRE,
GANDHI NAGAR, ERNAKULAM
EXHIBIT R9(E) COPY OF THE ORDER IN PROCEEDINGS
NO.A3/3980/11/D.DIS. DATED 2.2.2012 OF
THE SENIOR TOWN PLANNER, ERNAKULAM
EXHIBIT R9(F) COPY OF THE LETTER DATED 4.7.2011
GIVEN BY THE M ANAGER, NORTH
PONJASSERY CULTURAL ASSOCIATION,
L.P.SCHOOL & SECRETARY, NORTH
PONJASSERY, MUSLIM CULTURAL
ASSOCIATION TO CHIEF ENVIRONMENTAL
ENGINEER, KERALA STATE POLLUTION
CONTROL BOARD
EXHIBIT R9(G) COPY OF THE LETTER DATED 12.9.2011
GIVEN BY THE SECRETARY, THQDHEES
LIBRARY & READING ROOM, PONJASSERY, TO
THE SECRETARY, VENGOLA GRAMA
PANCHAYATH
EXHIBIT R9(H) COPY OF THE RECEIPT DATED 16.1.2013
ISSUED BY THE VENGOLA GRAMA PANCHAYAT
EXHIBIT R9(I) COPY OF THE NO OBJECTION CERTIFICATE
8.2.2013 ISSUED BY THE DISTRICT
MEDICAL OFFICER (HEALTH)
EXHIBIT R9(J) COPY OF THE NO OBJECTION CERTIFICATE
17.2.13 ISSUED BY THE FIRE AND RESCUE,
PERUMBAVOOR
EXHIBIT R2(A) COPY OF THE RELEVANT PAGE OF THE
MINUTES OF THE SWCB MEETING CONVENED
ON 27.03.2012
EXHIBIT R2(B) COPY OF THE CONSENT TO ESTABLISHED
DATED 03.05.2012
EXHIBIT R7(A) COPY OF THE CONSENT FROM KERALA STATE
POLLUTION CONTROL BOARD CONSENT
NO.PCB/EKM/DO2/ICE-HB 35/2011 DATED
04.05.2012
EXHIBIT R7(B) COPY OF THE LAYOUT APPROVAL FROM
SENIOR TOWN PLANNER AS PER THE
PROCEEDIGNS NO.A3/3980/11/D.DIS DATED
02.02.2012
EXHIBIT R7(C) COPY OF THE NOC FROM DMO NO.L DIS
(C2)-15145/2011 DATED 30.01.2012
W.P.(C).No.15012/2012
EXHIBIT R7(D) COPY OF THE NOC FROM FIRE AND RESCUE
DEPARTMENT NO.A1/1638/11 DATED
07.09.2011
EXHIBIT R7(E) COPY OF THE BUILDING PERMIT
NO.A2/9576/11 DATED 25.05.2012
EXHIBIT R7(F) COPY OF THE ATTENDANCE SHEET
EXHIBIT R2(A) COPY OF THE CONSENT TO OPERATE DATED
12.3.2013
EXHIBIT R2(B) COPY OF THE NOTICE PCB/EKM/DO2/HBO-
44/2011 DATED 25.05.13 ISSUED TO
COMPANY DATED 28.05.2013
