Sudhakaran vs Chathannoor Grama Panchayath
2023 Latest Caselaw 6076 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                    WP(C) NO. 18777 OF 2023
PETITIONER:

         SUDHAKARAN
         AGED 66 YEARS
         S/O NANU, CHARUVILA VEEDU, MEENADU ESAT,
         CHATHANNOOR P.O, KOLLAM, PIN - 691572

         BY ADVS.
         BIJITH S.KHAN
         RESHMA T.
         NITHIN J.R.


RESPONDENTS:

    1    CHATHANNOOR GRAMA PANCHAYATH,
         REPRESENTED BY ITS SECRETARY,
         CHATHANNOOR P.O, KOLLAM-, PIN - 691572
    2    THE SECRETARY
         CHATHANNOOR GRAMA PANCHAYATH,
         CHATHANNOOR P.O, KOLLAM, PIN - 691572
    3    SHAJAHAN. E
         S/O IBRAHIMKUTTY, SHAMNA MANZIL, MEENADU ESAT,
         CHATHANNOOR P.O, KOLLAM-, PIN - 691572


         ADV.DEVISREE-GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP        FOR
ADMISSION ON 09.06.2023,      THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.18777 of 2023

                                 2


                            JUDGMENT

Dated this the 9th day of June, 2023

In W.P.(C) No.16422 of 2023 filed by the 3 rd respondent

herein, this Court directed the Panchayat authorities to treat

Exts.P4 and P5 therein as Show-cause notices in respect of

the issues involved and if the petitioner therein raises his

objections within a period of two weeks, the direction

contained in Ext.P5 to stop the functioning of the

Manufacturing Unit shall stand deferred till a final decision is

taken by the respondents.

2. The issue involved in the said W.P.(C) No.16422 of

2023 was relating to Consent obtained by the 3 rd respondent

from the Pollution Control Board. In this writ petition, the

petitioner alleges that any decision taken by the Panchayat

authorities pursuant to Ext.P2 judgment in W.P.(C) No.16422

of 2023 is likely to adversely affect the interest of the

petitioner and the petitioner therefore be heard in the matter WP(C) No.18777 of 2023

while taking a decision pursuant to Ext.P2.

3. Standing Counsel representing respondents 1 and

2 submits that no decision has been taken pursuant to the

directions of this Court in Ext.P2 judgment as on date and if

the petitioner has any grievance, such grievances also can be

taken into account.

In view of the submissions made as above, the writ

petition is disposed of directing the 3rd respondent to place the

petitioner's written objections, if any, in the matter before

respondents 1 and 2, within a period of one week.

Respondents 1 and 2 shall take a decision in the matter after

considering such objection also, if the same is received within

a period of one week.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.18777 of 2023

APPENDIX OF WP(C) 18777/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 09.03.2023 Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 25.05.2023 IN W.P.(C) NO. 16422/2023