Anas Ali .A vs Yeroor Grama Panchayat
2023 Latest Caselaw 1512 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                    WP(C) NO. 41473 OF 2022
PETITIONER:

         ANAS ALI .A
         AGED 31 YEARS
         S/O ASAF ALI,
         AYSHA MANZIL, AICKARAKONAM, PUNALUR,
         KAKKODU P.O, VALACODE (PART),
         KOLLAM, PIN - 691331

         BY ADV JOMY K. JOSE


RESPONDENTS:

    1    YEROOR GRAMA PANCHAYAT
         REPRESENTED BY THE SECRETARY,
         YEROOR P.O, KOLLAM, PIN - 691312
    2    THE SECRETARY
         YEROOR GRAMA PANCHAYAT,
         YEROOR P.O, KOLLAM, PIN - 691312
    3    THE DISTRICT LEVEL FACILITATION AND MONITORING
         COMMITTEE
         REPRESENTED BY ITS CHAIRMAN,
         COLLECTORATE, KOLLAM, PIN - 691013
    4    DISTRICT COLLECTOR
         COLLECTORATE
         KOLLAM, PIN - 691013
    5    THE ENVIRONMENTAL ENGINEER
         KERALA STATE POLLUTION CONTROL BOARD,
         DISTRICT OFFICE,
         KOLLAM, PIN - 691001
    6    THE FOREST RANGE OFFICER
         ANCHAL - FOREST RANGE OFFICE,
         KOLLAM, PIN - 691306
 WP(C) No.41473 of 2022

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     7      THE DIVISIONAL FOREST OFFICER
            DIVISIONAL FOREST OFFICE, PANAMKUTTYMALA,
            PUNALOOR, PIN - 691305
     8      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
            FOREST AND WILDLIFE DEPARTMENT,
            GOVERNMENT SECRETARIAT TRIVANDRUM, PIN - 695005
     9      M/S GROW WELL FEEDS
            BHARATHIPURAM POST, EROOR,
            PUNALOOR TALUK, KOLLAM
            REPRESENTED BY ITS PROPRIETOR, PIN - 691312
    10      MINISTRY OF ENVIRONMENT AND FORESTS
            PARYAVARAN BHAVAN, CGO COMPLEX,
            LODHI ROAD,NEW DELHI , REPRESENTED BY ITS
            SECRETARY, PIN - 110003

            BY ADV JOMY K. JOSE-R10
            SRI.T.NAVEEN, SC-R5
            SRI.R.KRISHNAKUMAR-R1 AND R2
            SRI.SANGEETH CU GP
            SRI.S.MANU-DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.41473 of 2022

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                             JUDGMENT

Dated this the 20th day of January, 2023

The petitioner approached this Court seeking to quash

Ext.P1 Building Permit issued by the 2nd respondent-Secretary

to the Grama Panchayat and to direct the 2nd respondent to

cancel the Building Permit issued to the 9th respondent. The

petitioner has also sought to declare that the non forest

activity carried out by the 9th respondent using the forest land

as access road is illegal.

2. When this writ petition came up for admission

today, Sri.R.Krishnakumar, the Standing Counsel

representing the Grama Panchayat submitted that the

Building Permit granted to the 9th respondent was cancelled.

3. The Deputy Solicitor General of India submitted

that on the basis of the complaints received, a factual report

on the allegations made by the petitioner in the writ petition

has been sought for.

WP(C) No.41473 of 2022

4. The Government Pleader submitted that the activity

of the construction of a factory building clearly falls within the

forest area.

5. However, in view of the fact that the Panchayat

has already cancelled the Building Permit issued to the 9th

respondent, substantial relief prayed for by the writ petitioner

has been granted and no further orders are necessary in this

writ petition, at this stage.

The writ petition is disposed of recording the above

submissions.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.41473 of 2022

APPENDIX OF WP(C) 41473/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE 9TH RESPONDENT DATED 12- 08-2022 VIDE NO A5-BA(264577)/2022 Exhibit P2 A TRUE COPY OF THE CONSENT TO ESTABLISH DATED 23-07-2022 VIDE NO PCB/KO/NOC/085/2022 Exhibit P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED NIL Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER DATED 16-01-2022 ISSUED VIDE NUMBER RB3/143/2021-LSGD Exhibit P5 A TRUE COPY OF THE GO(MS.)NO.

227/2021/LSGD DATED 07-10-2021 Exhibit P6 A TRUE COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT DATED 01-09-2022 VIDE NUMBER A5/917/2022(1)