Kerala High Court
Pareeth K. M vs Chennam Pallippuram Grama Panchayat on 5 April, 2024
WP(C) No.13692/2024 1/3 Order Date : 05-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 5th day of April 2024 / 16th Chaithra, 1946
WP(C) NO. 13692 OF 2024
PETITIONERS:
1. PAREETH K. M, AGED 70 YEARS, S/O. MUHAMMED, KARIPPURATH HOUSE,
VADUTHALA, AROOKUTTY P.O.,CHERTHALA TALUK, ALAPPUZHA DISTRICT,
PIN-688535
2. HAMEED R. M, AGED 62 YEARS, S/O. MUHAMMED, ALINGAL PARAMBU,
CHANDIROOR P.O., AROOR, ALAPPUZHA DISTRICT, PIN-688535
3. TOMY JOSEPH, AGED 54 YEARS, S/O. APPACHAN, KINGARANTHARA, EZHUPUNNA
P.O., ALAPPUZHA DISTRICT, PIN-688537
RESPONDENTS:
1. CHENNAM PALLIPPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
PALLIPPURAM P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688541
2. SECRETARY, CHENNAM PALLIPPURAM GRAMA PANCHAYAT, PALLIPPURAM P.O.,
CHERTHALA, ALAPPUZHA DISTRICT, PIN-688541
3. SHAFI A. S, AZHAKANTHARA NIKARTHIL, THYKATTUSSERI P.O., CHERTHALA
TALUK, ALAPPUZHA DISTRICT, PIN-688528
4. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS
MEMBER SECRETARY, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM,
PIN-695014
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to permit the petitioners to operate the peeling shed by virtue of
the deemed license they are entitled to or in the alternative to direct
the 1st and 2nd respondents to grant a provisional license for the
operation till the final disposal of the above writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
03-04-2024 and upon hearing the arguments of M/S. K.P.SUDHEER & ANJALI
MENON, Advocates for the petitioners, the court passed the following:
WP(C) No.13692/2024 2/3 Order Date : 05-04-2024
MOHAMMED NIAS C.P., J
.......................................................................
W.P(C) Nos.3231 & 13692 of 2024
............................................................................
Dated this the 5th day of April, 2024
ORDER
It is seen that as per the directions of this Court in Ext.P7.judgment
in W.P(C) Nos.19378/2020 and 1630/2021 dated 8.10.2021, a decision has
to be taken by the Coastal Zone Regulatory Authority and the same is
evident from Ext.P10 produced in W.P(C) No.13692/2024. In the wake of
the above development, there will be an interim order to maintain status
quo. The Panchayat shall not interfere with the activities conducted by the
petitioners in W.P(C) No. 13692/2024, pending the final decision on the
question of licence to be taken in terms of the directions in Ext.P7
judgment.
SD/-
MOHAMMED NIAS C.P.
JUDGE
okb/
WP(C) No.13692/2024 3/3 Order Date : 05-04-2024
APPENDIX OF WP(C) 13692/2024
EXHIBIT P 1 TRUE COPY OF OWNERSHIP CERTIFICATE NO. C2. 4191/18
DATED 10.8.2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P 2 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF PROPERTY
TAX IN RESPECT OF THE PETITIONERS' BUILDING AND DATED
2.11.2020
EXHIBIT P 3 TRUE COPY OF CONSENT TO OPERATE' DATED 28.10.2020
ISSUED BY KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P 4 TRUE COPY OF APPLICATION DATED 4.11.2020 SUBMITTED BY
THE PETITIONERS BEFORE THE RESPONDENT PANCHAYAT UNDER
KERALA PANCHAYAT RAJ ACT
EXHIBIT P 5 TRUE COPY OF NOTICE NO. C2-3042/2020 DATED 28.12.2020
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P 6 TRUE COPY OF JUDGMENT DATED 27.9.2012 IN WP(C) NO.
5845/2012 PASSED BY THIS HON'BLE COURT
EXHIBIT P 7 TRUE COPY OF COMMON JUDGMENT IN WP(C) NO. 19378/2020
AND W.P.(C) 1630 OF 2021 DATED 8.10.2021 PASSED BY THIS
HONOURABLE COURT
EXHIBIT P 8 TRUE COPY OF COMMUNICATION DATED 16.12.2023 RECEIVED
FROM THE 2ND RESPONDENT
EXHIBIT P 9 TRUE COPY OF NOTICE NO. 400391/ PSAN04/
GENERAL/2024/364/(1) DATED 3.2.2024 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P 10 TRUE COPY OF COMMUNICATION NO. 400391/
RPTL19/GENERAL/2024/628/(1) DATED 15.02.2024 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P 11 TRUE COPY OF REPLY DATED 20.2.2024 GIVEN BY THE
PETITIONERS TO EXT P10
EXHIBIT P 12 TRUE COPY OF COMMUNICATION NO. 400391/
BRL102/GENERAL/2023/5939/(6) DATED 23.02.2024 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P 13 TRUE COPY OF INTERIM ORDER DATED 26.03.2024 IN W.P.(C)
3231 OF 2024 PASSED BY THIS HONOURABLE COURT
