L. Sasidharan vs The Ezhukon Grama Panchayath
2023 Latest Caselaw 1166 Ker

WP(C) NO. 10370 OF 2013                 1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                          WP(C) NO. 10370 OF 2013
PETITIONER/S:

             L. SASIDHARAN
             S/O LAKHAMANAN, VADAKKE ALUVILA VEEDU, KOLANNUR,
             EZHUKONE, KOLLAM DISTRICT

             BY ADVS.
             SRI.G.D.PANICKER
             SMT.JEENA JOSEPH



RESPONDENT/S:

      1      THE EZHUKON GRAMA PANCHAYATH
             EZHUKON, KOLLAM DISTRICT, REPRESENTED BY ITS
             SECRETARY 691505

      2      DEPUTY DIRECOTR OF PANCHAYATH
             KOLLAM 691001

             BY ADVS.
             SRI.M.R.SASITH PANICKER
             SMT.K.G.BINDU
             SMT.T.S.MAYA THIYADIL



OTHER PRESENT:

             SRI.K.M.FAISAL, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10370 OF 2013                  2




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                    W.P.(C) No. 10370 of 2022
                   --------------------------------------
             Dated this the 18th day of January, 2023


                                JUDGMENT

The above writ petition is filed with following prayers:

(i) Issue a writ of certiorari or any other writ or order to quash Exhibit P11

(ii) Declare that Exhibit P11 issued by the 1 st respondent is in violation of natural justice.

(iv) Pass such other and further order as this Hon'nle Court may deem fit and just in the interest of justice and on the facts and circumstances of the case." [SIC]

2. This writ petition is pending before this Court from

2013 onwards. According to the petitioner, he has been

carrying on the business of crushing the copra, powdering the

rice and other pulverising activities for the last several decades

by using 10 HP motor. It is the case of the petitioner that as

directed by the Health authorities, the unit relating to the

pulverizing chilly, coriander etc. were shifted to an additional

room after obtaining the permission from the 1 st respondent-

Panchayat. It is the case of the petitioner that, all on a sudden,

for extraneous reasons, the 1st respondent issued Ext.P11 order

of cancellation of industrial permit of the shop room without

hearing the petitioner and violating the natural justice.

Subsequently, Ext.P14 is also issued by the Panchayat directing

the petitioner to comply certain directions mentioned in that

letter. Aggrieved by the same, this writ petition is filed.

3. This writ petition is pending before this Court from

2013 onwards. Exts.P11 and P14 are stayed by this Court and

interim order is in force even now. According to the petitioner,

Exts.P11 and P14 are issued without notice to the petitioner. In

such circumstances, according to me, these orders can be set

aside and the Panchayat can be directed to take fresh steps if

there is any violation of the statutory provisions by the

petitioner.

Therefore, this writ petition is allowed in the following

manner :

      1)     Exts.P11 and P14 are quashed.



      2)     The 1st respondent is free to take appropriate steps

against the petitioner, if there is any violation of any statutory

provisions, with notice to the petitioner.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 10370/2013

PETITIONER EXHIBITS

EXHIBIT P1 A TGRUE PHOTOCOPY OF THE SALE DEED DATED 08-09-1978

EXHIBIT P2 A TRUE PHOTOCOPY OF THE JUDGMENT IN OP NO 15413/1997 DATED 04-11-1997

EXHIBIT P3 A TRUE PHOTOCOPY OF THE JUDGMENT IN WRIT APPEAL NO 2257/1997 DATED 11-12-

EXHIBIT P4 TRUE PHOTOCOPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD, DATED 31-01-2005

EXHIBIT P5 A TRUE PHOTOCOPY OF THE CONSENT RENEWAL ORDER OF THE POLLUTION CONTROL BOARD, DATED -3-03-2006

EXHIBIT P6 A TRUE PHOTOCOPY LETTER OF THE POLLUTION CONTROL BOARD, DATED 29-7-2006

EXHIBIT P7 A TRUE PHOTOCOPY OF THE SANCTION LETTER ISSUED BY THE IST RESPONDENT DATED 20-1-2009

EXHIBIT P8 A TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE IST RESPONHDENT FOR THE PAYMENT OF TAX

EXHIBIT P9 A TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO 30849/2010 DATED 23-05-2011

EXHIBIT P10 A TRUE PHOTOCOPY OF THE LICENCE ISSUED BY THE IST RESPONDENT FOR THE PERIOD COMMENCING FROM 01-04-2012 TO 31-03-2013 DATED 15-03-2013

EXHIBIT P11 A TRUR PHOTOCOPY OF THE ORDER NO E4- 290/2013 DATED 25-03-2013 ISSUED BY THE IST RESPONDENT