Timberland Ply And Boards vs Pallarimanagalam Grama ...
2023 Latest Caselaw 5214 Ker

WP(C) No. 10730 of 2023          1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                          WP(C) NO. 10730 OF 2023


PETITIONER:

            TIMBERLAND PLY AND BOARDS,
            AGED 30 YEARS
            MANIKINAR, PAIMATTOM KARA, PALLARIMANAGALAM,
            KOTHAMANGALAM, MANIKINAR P.O, ERNAKULAM, REP BY
            MANAGING PARTNER SUBHAN NAZAR, S/O ABDUL NAZAR, PIN
            - 686693
            BY ADVS.
            K.R.PRATHISH
            P.K.SREEVALSAKRISHNAN


RESPONDENTS:

     1      PALLARIMANAGALAM GRAMA PANCHAYAT,
            PALLARIMANAGALAM, KOOVALLOOR P.O, ERNAKULAM, REP.
            BY ITS SECRETARY, PIN - 686671
     2      THE PANCHAYAT COMMITTEE,
            PALLARIMANAGALAM GRAMA PANCHAYAT, PALLARIMANAGALAM,
            KOOVALLOOR P.O, ERNAKULAM, REP. BY ITS PRESIDENT,
            PIN - 686671
     3      STATION HOUSE OFFICER,
            OONUKAL POLICE STATION, OONUKAL, ERNAKULAM
            DISTRICT, PIN - 686693
     4      DISTRICT INDUSTRIES CENTRE,
            ERNAKULAM, KUNNUMPURAM, CIVIL STATION ROAD,
            VAZHAKKALA, KAKKANAD, ERNAKULAM, REPRESENTED BY ITS
            GENERAL MANAGER, PIN - 676305
     5      SALAM V.M.,
            VELLILAVUNKAL HOUSE, PAIMATTOM
            KARA,PALLARIMANAGALAM, KOTHAMANGALAM, MANIKINAR
            P.O, ERNAKULAM, PIN - 686693
     6      ENVIRONMENTAL ENGINEER ( SOUGHT TO BE IMPLEADED )
            THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
            OFFICE (ERNAKULAM -II), 1ST FLOOR, MANNA RESIDENCY,
            M.C ROAD, PERUMBAVOOR, ERNAKULAM, ( SOUGHT TO BE
            IMPLEADED )
            BY ADV SASI M.R., SC, PALLARIMANGALAM GRAMA
            PANCHAYATH
 WP(C) No. 10730 of 2023          2

             G.P., SMT. VIDYA KURIAKOSE


      THIS    WRIT        PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    20.04.2023,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No. 10730 of 2023          3



                        VIJU ABRAHAM , J.
             ===========================
                    WP(C) No. 10730 of 2023
             ============================
               Dated this the 20th day of April, 2023

                             JUDGMENT

Petitioner challenges Ext P4 order wherein a restriction was

imposed on the petitioner unit not to function between 9.30 PM to 5

AM.

2. Petitioner submits that in a similar case this Court has

interfered and directed the respondent Panchayat to consider the

grievances raised by the petitioner therein. Petitioner submits that

he has preferred Ext P5 request before the 1st respondent.

3. Therefore, the above writ petition is disposed of directing

the 1st respondent to consider and pass orders on Ext P5

representation submitted by the petitioner after affording an

opportunity of being heard to the petitioner as well as the 5 th

respondent and appropriate orders shall be passed within a period

of three weeks from the date of receipt of a copy of this judgment.

In the meanwhile no coercive proceedings shall be initiated against

the petitioner.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE sbk/-

APPENDIX OF WP(C) 10730/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE POLLUTION CONTROL BOARD DATED 01.08.2022 Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE DISTRICT INDUSTRIES CENTER DATED 30.03.2021 Exhibit P3 TRUE COPY OF THE REPORT DATED 08.02.2023 OF THE FOREST RANGE OFFICER Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT SECRETARY DATED 15.03.2023 Exhibit P5 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.03.2023 Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT SECRETARY DATED 15.03.2023 TO PAIMATTOM PLYWOOD COMPANY