T.V Mohammed Abdurahiman vs Secretary
2023 Latest Caselaw 9030 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                   WP(C) NO. 39616 OF 2022
PETITIONER:
          T.V MOHAMMED ABDURAHIMAN
          AGED 60 YEARS,
          THIYYATH VALAPPIL ALAMCODE, PO
          MALAPPURAM - 679585, PIN - 679585.

          BY ADVS.
          K.SUJAI SATHIAN
          T.SETHUMADHAVAN (SR.)
          PREETHI. P.V.
          M.V.BALAGOPAL
          GOURI MEEMPAT
          SANGEETHA SREEKUMAR

RESPONDENTS:
    1     SECRETARY
          ALAMCODE GRAMA PANCHAYATH,
          NANNAMUKKU P.O, MALAPPURAM - 679585.

    2     RATHEESH KUMAR
          S/O APPUKUTTAN NAIR,
          SEKHARATH HOUSE KOLALAMBU P.O,
          MALAPPURAM - 679586.

    3     STATION HOUSE OFFICER
          POLICE STATION CHANGARAMKULAM,
          ALAMCODE P.O, MALAPPURAM - 679585.

         BY ADVS.
         P.T.SHEEJISH
         SHERRY J. THOMAS
         P.J.UNNIKRISHNAN
         JOEMON ANTONY
         RENISH RAVEENDRAN
         ANTONY NILTON REMELO
         RESHMI K.M, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH WP(C).13786/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.39616/2022 & 13786/2023

                                 2



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                     WP(C) NO. 13786 OF 2023
PETITIONER:
          RATHEESH KUMAR
          AGED 50 YEARS, S/O. APPUKKUTTAN NAIR,
          SEKHARATH HOUSE, EDAPPAL,
          KOLALAMBU P.O, MALAPPURAM - 679586.

          BY ADVS.
          SHERRY J. THOMAS
          JOEMON ANTONY
          P.J.UNNIKRISHNAN
          RENISH RAVEENDRAN
          THAMANA BAI
          LIGISH XAVIER
          GOKUL DEVIS
          ANTONY NILTON REMELO

RESPONDENTS:


    1     THE SECRETARY,
          ALAMCODE GRAMA PANCHAYATH,
          NANNAMUKKU P.O, MALAPPURAM - 679585.

    2     THE ALANGODU GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY,
          NANNAMUKKU P,O, MALAPPURAM - 679585.

    3     THE STATION HOUSE OFFICER,
          POLICE STATION, CHANGARAKULAM,
          ALMCODE P.O, MALAPPURAM - 679585.
 W.P.(C)Nos.39616/2022 & 13786/2023

                              3

    4     T.V. MUHAMMED ABDUL RAHIMAN,
          THIYYATH VALAPPIL CONVENOR,
          JALACHOOSHANA JAGRATHA SAMITHI,
          KALACHAL ALAMCODE, P.O,
          MALAPPURAM, PIN - 679585.

    5     KERALA POLLUTION CONTROL BOARD,
          REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
          KERALA STATE POLLUTION CONTROL BOARD NO.19/269-A,
          PERINTHALMANNA ROAD UP HILL P.O.
          MALAPPURAM, PIN - 676505.

    6     KERALA WATER AUTHORITY,
          REPRESENTED BY ITS EXECUTIVE ENGINEER,
          P. H DIVISION, WATER AUTHORITY OFFICE,
          EDAPPAL, MALAPURAM, PIN - 679576.

    7     GENERAL MANAGER,
          DISTRICT INDUSTRIES CENTER,
          DEPARTMENT OF INDUSTRIES AND COMMERCE,
          TIRUR - MALAPPURAM - MANJERI RD, UP HILL,
          MALAPPURAM, KERALA, PIN - 676503.

          BY ADVS.
          P.M.JOHNY, STANDING COUNSEL
          T.NAVEEN, STANDING COUNSEL
          RESHMI K.M., SENIOR GOVERNMENT PLEADER
          K.SUJAI SATHIAN
          PREETHI. P.V.
          M.V.BALAGOPAL
          GOURI MEEMPAT
          SANGEETHA SREEKUMAR
          T.SETHUMADHAVAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH WP(C).39616/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.39616/2022 & 13786/2023

                                 4




                         JUDGMENT

Dated this the 23rd day of August, 2023

[W.P.(C) Nos.39616 of 2022 and 13786 of 2023]

The petitioner in W.P.(C) No.39616 of 2022 approached this

Court aggrieved by an illegal and unauthorised construction and

seeking enforce Ext.P2 Stop Memo issued on 23.11.2022 by the

Secretary to the Grama Panchayat, against the 2nd respondent.

2. When this writ petition came up for admission on

07.12.2022, this Court passed an order directing the 1 st

respondent-Secretary to enforce Ext.P2 stop memo, if the same is

still current and valid and is not stayed by any superior Forum.

3. Subsequently, the 2nd respondent in W.P.(C) No. 39616

of 2022 filed W.P.(C) No.13786 of 2023 challenging the Stop

Memo and seeking to direct the 1st respondent-Secretary to W.P.(C)Nos.39616/2022 & 13786/2023

consider Ext.P5 reply submitted by the petitioner and close the

proceedings.

4. I have heard the learned Counsel appearing for

petitioners in both the writ petitions and also the learned Standing

Counsel representing the Grama Panchayat. I have also heard the

learned Government Pleader appearing for the Station House

Officer.

5. The issue involved in these writ petitions is about

certain constructions made by the petitioner in W.P.(C) No. 13786

of 2023. The Secretary had issued Ext.P2 Stop Memo (in W.P.(C)

No.39616 of 2022). The petitioner in W.P.(C) No.13786 of 2023

has filed Ext.P5 reply to the Stop Memo giving his objections /

explanation. In view of the above, I am of the firm opinion that the

Secretary shall consider the objections filed by the petitioner in

W.P.(C) No.13786 of 2023 and decide the matter, after giving an

opportunity of hearing to the petitioners in both the writ petitions. W.P.(C)Nos.39616/2022 & 13786/2023

These writ petitions are therefore disposed of directing the

Secretary to the Grama Panchayat to consider Ext.P5 objection

submitted by the petitioner in W.P.(C) No.13786/2023 and

conclude the proceedings, after giving an opportunity of hearing to

the petitioners in both the writ petitions.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)Nos.39616/2022 & 13786/2023

APPENDIX OF WP(C) 39616/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16-11-2022 Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED TO THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT TOWN PLANNER MALAPPURAM ADDRESSED TO THE WARD MEMBER OF WARD NO.1 OF ALAMCODE GRAMA PANCHAYAT Exhibit P4 A TRUE COPY OF THE RESOLUTION NO.1 DATED 20-

10-22 TAKEN BY THE 1ST RESPONDENT PANCHAYAT RESPONDENT EXHIBITS EXHIBIT R2A THE TRUE COPY OF THE ORDER DATED 16-1-2023 ISSUED FROM THE OFFICE OF THE KERALA WATER AUTHORITY, EDAPAL EXHIBIT R2B THE TRUE COPY OF THE CERTIFICATE FROM DEPARTMENT OF INDUSTRIES AND COMMERCE DATED 29-10-2022 EXHIBIT R2C THE TRUE COPY OF THE ORDER FROM KERALA STATE POLLUTION CONTROL BOARD DATED 31-12-2022 WHICH IS VALID UPTO 25-10-2027 EXHIBIT R2D THE TRUE COPY OF THE APPLICATION DATED NIL, FOR REGULARIZATION AND CURING THE DEFECTS EXHIBIT R2E THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 31-03-2023 EXHIBIT R2F THE TRUE COPY OF THE PHOTOGRAPHS OF CONSTRUCTION OF BOTTLING UNIT EXHIBIT R2G THE TRUE COPY OF THE INTERIM ORDER DATED 7-

12-2022 IN WP(C) NO. 39616/2022 W.P.(C)Nos.39616/2022 & 13786/2023

APPENDIX OF WP(C) 13786/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 23-11-2022 Exhibit P2 THE TRUE COPY OF THE ORDER, DATED 16-1-2023 ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER, P.H DIVISION, EDAPAL UNDER KERALA WATER AUTHORITY Exhibit P3 THE TRUE COPY OF THE CERTIFICATE DATED 29-10-2022 Exhibit P4 THE TRUE COPY OF THE ORDER DATED 31-12-2022 WHICH IS VALID UPTO 25-10-2027 Exhibit P5 THE TRUE COPY OF THE APPLICATION FOR REGULARIZATION AND CURING THE DEFECTS DATED NIL Exhibit P5A THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 31-03-2023 Exhibit P6 THE TRUE COPY OF THE PHOTOGRAPHS OF CONSTRUCTION OF THE PETITIONER'S BOTTLING UNIT Exhibit P7 THE TRUE COPY OF THE INTERIM ORDER DATED 7-12-2022