M.D.Pathrose vs M.R.Gabrial
2023 Latest Caselaw 8817 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
         MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                         W.P.(C) NO.15903 OF 2013
PETITIONER:

              M.D. PATHROSE,
              S/O.DEVASSY, AGED 60YEARS,
              MANIYACHERI HOUSE,
              KOOVAPPADY VILLAGE, KOOVAPPADY.P.O.,
              AIMURI KARA, KUNNATHUNADU TALUK,
              ERNAKULAM DISTRICT.

              BY ADVS.
              SRI.K.I.MAYANKUTTY MATHER
              SMT.T.K.SREEKALA
              KUM.NARAYANI HARIKRISHNAN



RESPONDENTS:

     1        M.R. GABRIAL,
              PROPRIETOR, M.R INDUSTRIES,
              MANIYACHERI HOUSE,
              KOOVAPPADY.P.O., KUNNATHUNADU TALUK,
              AIMURI KARA, KOOVAPPADY GRAMA PANCHAYAT,
              ERNAKULAM DISTRICT-683 544.

     2        KOOVAPPADY GRAMA PANCHAYAT,
              KOOVAPPADY P.O., ERNAKULAM DISTRICT,
              PIN-683 544
              REPRESENTED BY ITS SECRETARY.

     3        THE RANGE FOREST OFFICER,
              KODANADU FOREST RANGE OFFICE,
              KODANADU P.O., PIN-683 544.

     4        THE ENVIRONMENTAL ENGINEER,
              KERALA STATE POLLUTION CONTROL BOARD,
              REGIONAL OFFICE, GANDHI NAGAR, KOCHI-682 020.
                                -2-
W.P.(C) NO.15903 OF 2013

            BY ADVS.
            SRI.GEORGE VARGHESE KIZHAKKAMBALAM
            SRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCHAYAT
            SRI.V.RAJENDRAN PERUMBAVOOR
            SRI.T.NAVEEN, STANDING COUNSEL

            SMT. REKHA C. NAIR, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                      -3-
W.P.(C) NO.15903 OF 2013


                               JUDGMENT

Dated this the 14th day of August, 2023

The prayer in the writ petition is for a direction to the 2 nd

respondent Panchayat to stop the saw mill conducted by the 1 st

respondent on the ground that he does not have the requisite

licences/permissions from the authorities concerned.

2. This Court by order dated 30.06.2023 directed

the 1st respondent to produce all the current

permissions/authorization granted to him that enables him to

run the saw mill.

3. The 1st respondent has accordingly filed an affidavit

in I.A. No.1 of 2023, producing Exhibits R1(p) to R1(t) which

are licences/permissions under which he is running the saw

mill.

In the light of the above, this writ petition is closed

without prejudice to the right of the petitioner to move the

authorities in case a fresh cause of action arises.

Sd/-

MOHAMMED NIAS C.P.

JUDGE bpr

W.P.(C) NO.15903 OF 2013

APPENDIX OF WP(C) 15903/2013

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LICENSE NO.A3-30/02-03 ISSUED TO THE IST RESPONDENT TO RUN THE SAW MILL.

EXHIBIT P2 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE IST RESPONDENT ON 10.10.2003.

EXHIBIT P3 TRUE COPY OF THE REPLY DATED 05.06.2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 03.05.2013 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 10.06.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE LETTER BEARING NO.

A4-5972/13 ISSUED BY THE 2ND RESPONDENT PANCHAYAT TO THE PETITIONER ON 02.08.2013.

EXHIBIT R1(B) TRUE COPY OF THE LICENCE BEARING NO.

A3-175/13-14 ISSUED TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT PANCHAYAT ON 05.04.2013.

EXHIBIT R1(C) TRUE COPY OF THE LICENCE ISSUED FROM THE DIVISIONAL FOREST OFFICER, MALAYATTOOR ON 08.03.2013 TO THE 1ST RESPONDENT VALID UP TO 07.03.2016 BEARING NO.110/13.

EXHIBIT R1(D) TRUE COPY OF REPORT OF THE PANCHAYAT SUB COMMITTEE DATED NIL.

EXHIBIT R1(E) TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS AGAINST THE RESPONDENTS 1 & 2 AND ON 13.11.2007.

W.P.(C) NO.15903 OF 2013

EXHIBIT R1(F) TRUE COPY OF REPORT SUBMITTED BY ENVIRONMENTAL ENGINEER, ERNAKULAM ON 14.10.2008 BEARING NO.PCB/CHN/AC/136/05 BEFORE THE OMBUDSMAN.

EXHIBIT R1(G) TRUE COPY OF REPORT SUBMITTED BY THE ENVIRONMENTAL ENGINEER BEFORE THE OMBUDSMAN ON 27.08.2009, BEARING NO. PCB/EKM/IA025/09.

EXHIBIT R1(H) TRUE COPY OF ORDER DATED 17.09.2009 IN O.P.

NO.1085/07 OF THE OMBUDSMAN.

EXHIBIT R1(I) TRUE COPY OF REPORT SUBMITTED BY 2ND RESPONDENT PANCHAYAT BEFORE SUTHARYA KERALAM ON 14.11.2008.

EXHIBIT R1(J) TRUE COPY OF REPORT SUBMITTED BY CIRCLE INSPECTOR OF POLICE ON 18.11.2009 BEARING NO.2127/PTN/09 C BEFORE SUTHARYA KERALAM.

EXHIBIT R1(K) TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM ON 19.08.2011.

EXHIBIT R1(L) TRUE COPY OF REPORT BEARING NO.

G-2-10868/11 DATED 02.09.2011 SUBMITTED BY ADDITIONAL TAHSILDAR BEFORE THE DISTRICT COLLECTOR.

EXHIBIT R1(M) TRUE COPY OF ORDER OF RDO, MUVATTUPUZHA BEARING NO.A3-2055/12 DATED 14.09.2012.

EXHIBIT R1(N) TRUE COPY OF ORDER OF RDO, MUVATTUPUZHA BEARING NO.A3-4669/10 DATED 21.06.2011.

EXHIBIT R1(O) TRUE COPY OF CONSENT ISSUED TO THE 1ST RESPONDENT BY THE KERALA STATE POLLUTION CONTROL BOARD ON 09.11.2012 BEARING NO. PCB/EKM/IAO-25/09.

EXHIBIT R1(P) TRUE COPY OF THE LICENSE DATED NIL ISSUED BY THE AUTHORISED OFFICER AND DFO, MALAYATTOOR DIVISION.

W.P.(C) NO.15903 OF 2013

EXHIBIT R1(Q) TRUE COPY OF THE CONSENT ISSUED FROM KERALA STATE POLLUTION CONTROL BOARD BEARING NO.PCB/EKM/DO11/ICO-R/18788021/2023 ISSUED ON 07.07.2023.

EXHIBIT R1(R) TRUE COPY OF THE LICENSE BEARING NO.

219/2023-2024/SC2/1154/23 DATED 01.04.2023 ISSUED BY THE SECRETARY OF KOOVAPPADY GRAMA PANCHAYAT.

EXHIBIT R1(S) TRUE COPY OF SANITARY CERTIFICATE BEARING NO.321/23 DATED 30.06.2023 ISSUED BY THE HEALTH INSPECTOR, KODANAD.

EXHIBIT R1(T) TRUE COPY OF NO OBJECTION CERTIFICATE BEARING NO.G-3279/2017 DATED 17.06.2017 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER FIRE AND RESCUE SERVICE ERNAKULAM.