Kerala High Court
Shakkeer P.M vs Mudakuzha Grama Panchayat on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 30445 OF 2022
PETITIONERS:
1 K.K.VINOJ,
AGED 44 YEARS,
KOTTAMPILLY, PRALAYAKKADU, THURUTHI P.O.,
VENGOOR, ERNAKULAM DISTRICT - 683545.
2 SUBEESH P.K.,
AGED 37 YEARS, PULIYAMPILLY HOUSE, PRALAYAKKADU,
THURUTHI P.O., VENGOOR, ERNAKULAM DISTRICT - 683545.
3 SALU,
AGED 36 YEARS, AMBALATHUMKUDI, PRALAYAKKADU,
THURUTHI P.O., VENGOOR, ERNAKULAM DISTRICT - 683545.
4 CHINJU K.G.,
W/O PRADEEP P.P., AGED 30 YEARS, PULIMUTTIL HOUSE,
PRALAYAKKADU, THURUTHI P.O., VENGOOR,
ERNAKULAM DISTRICT - 683545.
BY ADVS.
SRI.LATHEESH SEBASTIAN
SRI.N.K.KARNIS
RESPONDENTS:
1 MUDAKKUZHA GRAMA PANCHAYAT,
MUDAKKUZHA P.O., KURUPPUMPADY, ERNAKULAM-683546,
REPRESENTED BY ITS SECRETARY.
2 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE (ERNAKULAM -2),
NEAR KALLUMKAL AUDITORIUM, PERUMABVOOR,
ERNAKULAM - 683542.
3 DISTRICT MEDICAL OFFICER,
DISTRICT MEDICAL OFFICE, ERNAKULAM - 682011.
4 INSPECTOR OF FACTORIES AND BOILERS,
OFFICE OF THE INSPECTOR OF FACTORIES AND BOILERS,
SUB JAIL ROAD, NEAR RAILWAY STATION, ALUVA,
WP(C) Nos.30445/2022, 23257/2022
-2-
ERNAKULAM - 683101.
5 STATION HOUSE OFFICER,
KODANAD POLICE STATION, KODANAD,
ERNAKULAM - 683545.
6 TAHSILDAR,
KUNNATHUNADU TALUK, PERUMABVOOR,
ERNAKULAM - 683542.
7 P.M.SHAKKEER,
S/O LATE MUHAMMED KUNJU, PARAYANKUDI HOUSE,
MUDIKKAL P.O.,
PERUMBAVOOR - 683547.
BY ADVS.
SMT.SREYA BINOY, SR.GP.
SRI.R.RENJITH, SC
SRI.Sreevalsakrishnan P K
SRI.K.R.PRATHISH(K/174/2013)
SRI.S.UNNIKRISHNAN (NELLAD)(K/211/2006)
SRI.MANJUSHA M NAIR(K/000221/2019)
SRI.GIFFIN SHALOO(K/000954/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, ALONG WITH WP(C).23257/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.30445/2022, 23257/2022
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 23257 OF 2022
PETITIONER:
SHAKKEER P.M.,
AGED 41 YEARS,
S/O MUHAMMED KUNJU,
PARAYANKUDY HOUSE, MUDIKKAL P.O.,
PERUMBAVOOR, ERNAKULAM
PROPRIETOR, M/S. DECCAN PLYWOODS, PETTAMALA,
THURUTY P.O., PRALAYAKKAD, KURUPPUMPADY,
ERNAKULAM, PIN - 683547
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
PARVATHY GIRI
GIFFIN SHALOO
RESPONDENTS:
1 MUDAKUZHA GRAMA PANCHAYAT,
THRIKKEPADY MUDAKUZHA PANCHAYATH ROAD,
VENGOOR WEST, MUDAKUZHA P.O.,
ERNAKULAM
REP. BY ITS SECRETARY, PIN - 683546
2 THE PANCHAYAT COMMITTEE
MUDAKUZHA GRAMA PANCHAYAT,
THRIKKEPADY MUDAKUZHA PANCHAYATH ROAD,
VENGOOR WEST, MUDAKUZHA P.O.,
WP(C) Nos.30445/2022, 23257/2022
-4-
ERNAKULAM
REP. BY ITS PRESIDENT, PIN - 683546
3 STATION HOUSE OFFICER,
KODANAD POLICE STATION, KODANAD,
ERNAKULAM DISTRICT, PIN - 683544
*ADDL.4 ADDL.R4: SUBEESH P.K
AGED 37 YEARS, S/O KUNJUMON,
PULIYAMPILLY HOUSE, PRALAYAKKADU, THURUTHI
P.O.,
VENGOOR, ERNAKULAM DISTRICT
(*ADDL.R4 IS IMPLEADED AS PER ORDER DATED
12.12.2022 IN IA 2/2022 IN WP(C) 23257/2022)
BY ADVS.
SMT.SREYA BINOY, SR.GP
SRI.ARUN BASIL, SC, MUDAKKUZHA GRAMA PANCHAYAT
SRI.LATHEESH SEBASTIAN
SRI.R.RENJITH, SC
SRI.N.K.KARNIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, ALONG WITH WP(C).30445/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.30445/2022, 23257/2022
-5-
JUDGMENT
[WP(C) Nos.30445/2022, 23257/2022]
Since common issues arise for consideration in these
writ petitions, they are heard together and disposed of by
this common judgment.
2. W.P.(C) No.23257 of 2022 is filed by the
proprietor of a ply wood manufacturing unit challenging
Ext.P9 decision of the first respondent Panchayat
whereby the petitioner was asked to stop the functioning
of the unit during night hours. Ext. P9 decision is
impugned on various grounds including the violation of
the principles of natural justice inasmuch as the decision
is taken without hearing the petitioner.
3. W.P.(C)No. 30445 of 2022 is filed persons
residing near the ply wood factory run by the petitioner
in W.P.(C) No.23257 of 2022 contending that the
functioning of the ply wood factory during night hours is
WP(C) Nos.30445/2022, 23257/2022
causing undue hardships to them.
4. Heard learned counsel for the petitioners in
both the writ petitions, the learned standing counsel for
the panchayat and the learned Government Pleader.
It is not disputed that Ext.P9 decision has been
taken without hearing the petitioner in W.P.(C) No.23257
of 2022. Accordingly, the same is set aside being a
decision taken in violation of the principles of natural
justice. There will be a direction to the Secretary of the
first respondent Grama Panchayat to consider the
grievance of the petitioners in W.P.(C)No. 30445 of 2022
and take a decision with notice to the petitioners in both
the writ petitions within a period of one month from the
date of receipt of a certified copy of the judgment. The
contentions of the parties in writ petitions are left open.
Till a fresh decision is taken as above, the interim order
granted by this Court in W.P.(C)No.23257 of 2022 shall
WP(C) Nos.30445/2022, 23257/2022
continue.
Writ petitions are disposed of with the said
direction.
Sd/-
MURALI PURUSHOTHAMAN
vv JUDGE
WP(C) Nos.30445/2022, 23257/2022
APPENDIX OF WP(C) 23257/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE POLLUTION CONTROL BOARD
DATED 26.02.2018
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DISTRICT MEDICAL OFFICER DATED
24.04.2017
Exhibit P3 TRUE COPY OF THE NO OBJECTION
CERTIFICATE FROM THE FIRE AND RESCUE
DEPARTMENT DATED 09.12.2013 TO THE
PETITIONER UNIT
Exhibit P4 TRUE COPY OF THE LICENSE ISSUED BY THE
FACTORIES AND BOILERS DEPARTMENT DATED
01.11.2019
Exhibit P5 TRUE COPY OF THE LICENCE ISSUED BY THE
FOREST DEPARTMENT DATED 10.02.2021 TO
THE PETITIONER UNIT
Exhibit P6 TRUE COPY OF THE LICENSE ISSUED BY THE
MUDAKUZHA GRAMA PANCHAYAT DATED
19.07.2021
Exhibit P7 TRUE COPY OF THE UDYAM CERTIFICATE OF
REGISTRATION DATED 13.02.2021
Exhibit P8 TRUE COPY OF THE NOTICE DATED
13.08.2021 ISSUED BY THE INSPECTOR OF
FACTORIES AND BOILERS DEPARTMENT,
PERUMBAVOOR
Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE
KODANAD POLICE DATED 13.07.2022 ALONG
WP(C) Nos.30445/2022, 23257/2022
WITH A DECISION DATED 17.06.2022 OF
THE PANCHAYAT COMMITTEE
Exhibit P10 TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT
DATED 14.07.2022
Exhibit P11 TRUE COPY OF THE REPORT OF THE
SECRETARY OF THE PANCHAYAT SUBMITTED
TO THE DISTRICT COLLECTOR DATED
29.01.2022
WP(C) Nos.30445/2022, 23257/2022
APPENDIX OF WP(C) 30445/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENCE ISSUED BY THE
1ST RESPONDENT TO THE 7TH RESPONDENT
UNDER THE KERALA PANCHAYAT RAJ (FTE &
OS) RULES DATED 19.07.2021
Exhibit P2 TRUE COPY OF THE QUESTIONNAIRE
SUBMITTED BY THE PRESIDENT OF THE
ACTION COUNCIL ON 08.12.2021 BEFORE
THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE REPLY OF THE 4TH
RESPONDENT DATED 15.12.2021
Exhibit P4 TRUE COPY OF THE REPLY GIVEN BY THE
INFORMATION OFFICER IN THE OFFICE OF
THE 4TH RESPONDENT DATED 11.04.2022
Exhibit P5 TRUE COPY OF THE QUESTIONNAIRE
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 08.12.2021
Exhibit P6 TRUE COPY OF THE REPLY OF THE PUBLIC
INFORMATION OFFICER IN THE OFFICE OF
THE 2ND RESPONDENT DATED 17.12.2021
Exhibit P7 TRUE COPY OF THE ORDER OF THE
PRESIDENT OF THE 1ST RESPONDENT DATED
21.04.2022
Exhibit P8 TRUE COPY OF THE DECISION OF THE
COMMITTEE OF THE 1ST RESPONDENT
BEARING NO.7(1) DATED 11.04.2022
Exhibit P9 TRUE COPY OF THE DECISION OF THE
WP(C) Nos.30445/2022, 23257/2022
COMMITTEE OF THE 1ST RESPONDENT
BEARING NO.29(1) DATED 17.06.2022
Exhibit P10 TRUE COPY OF THE COVERING LETTER OF
THE PRESIDENT OF THE 1ST RESPONDENT
DATED 11.07.2022
Exhibit P11 TRUE COPY OF THE REPLY OF THE
INFORMATION OFFICER OF VENGOOR WEST
VILLAGE OFFICE DATED 21.12.2021
Exhibit P12 TRUE COPY OF THE REPRESENTATION OF THE
PRESIDENT OF THE ACTION COUNCIL
SUBMITTED BEFORE THE 6TH RESPONDENT
DATED 25.03.2022.
Exhibit P13 TRUE COPY OF THE STATEMENT SHOWING
DISTANCE OF THE NEARBY HOUSES AND THAT
OF THE PETITIONERS FROM THE PLYWOOD
FACTORY OF THE 7TH RESPONDENT.
RESPONDENT EXHIBITS
Ext.R7(a) TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE POLLUTION CONTROL
BOARD DATED 29.07.2022
Ext.R7(b) TRUE COPY OF THE CERTIFICATE ISSUED
BY THE DISTRICT MEDICAL OFFICER
DATED 24.04.2017
Ext.R7(c) TRUE COPY OF THE NO OBJECTION
CERTIFICATE FROM THE FIRE AND RESCUE
DEPARTMENT DATED 09.12.2013 TO THE
7TH RESPONDENT UNIT
Ext.R7(d) TRUE COPY OF THE LICENSE ISSUED BY
THE FACTORIES AND BOILERS
WP(C) Nos.30445/2022, 23257/2022
DEPARTMENT DATED 01.11.2019
Ext.R7(e) TRUE COPY OF THE LICENCE ISSUED BY
THE FOREST DEPARTMENT DATED
10.02.2021 TO THE 7TH RESPONDENT UNIT
Ext.R7(f) TRUE COPY OF THE LICENSE ISSUED BY
THE MUDAKUZHA GRAMA PANCHAYAT
DATED 19.07.2021
Ext.R7(g) TRUE COPY OF THE UDYAM CERTIFICATE
OF REGISTRATION DATED 13.02.2021
Ext.R7(h) TRUE COPY OF THE NOTICE DATED
13.08.2021 ISSUED BY THE INSPECTOR OF
FACTORIES AND BOILERS DEPARTMENT,
PERUMBAVOOR
Ext.R7(i) TRUE COPY OF THE INTERIM ORDER
DATED 19.07.2022 IN W.P (C) NO. 23257 OF
Ext.R7(j) TRUE COPY OF THE REPORT OF THE
SECRETARY OF THE PANCHAYAT
SUBMITTED TO THE DISTRICT COLLECTOR
DATED 29.01.2022
Ext.R7(k) THERE IS NO RESIDENTIAL HOUSE AS
ALLEGED. TRUE PHOTOGRAPHS SHOWING
THE 7TH RESPONDENT UNIT AND ITS
SURROUNDINGS
