Sajitha Saju vs Paipara Grama Panchayath
2024 Latest Caselaw 10770 Ker

Kerala High Court

Sajitha Saju vs Paipara Grama Panchayath on 12 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                         WP(C) NO. 11799 OF 2017


NAME AND ADDRESS OF THE PETITIONER:

           SAJITHA SAJU
           AGED 42 YEARS, PROPRIETOR, M/S. NALKARA WOOD INDUSTRIES,
           THRIKALATHOOR P.O., MULAVOOR VILLAGE, PAYIPRA PANCHAYATH,
           MUVATTUPUZHA, ERNAKULAM - 683 557

           BY ADVS.
           SRI.JAGAN GEORGE
           SMT.AMRITA JAYARAM
           SMT.AMAL SARAH EIPE



RESPONDENTS:

1          PAIPARA GRAMA PANCHAYATH COMMITTEE, PAIPRA,
           PEZHAKKAPPILLY P.O., PIN - 686 674, REPRESENTED BY ITS
           PRESIDENT

2          PAIPRA GRAMA PANCHAYATH, PAIPRA, PEZHAKKAPPILLY P.O., PIN -
           686 674, REPRESENTED BY ITS SECRETARY

3          THE KERALA STATE HEALTH DEPARTMENT, PRIMARY HEALTH
           CENTRE, PAYIPRA, ERNAKULAM, REPRESENTED BY ITS HEALTH
           INSPECTOR

4          KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE
           (ERNAKULAM -II), PERUMBAVOOR, 1ST FLOOR, MANNA RESIDENCY,
           M.C. ROAD, PERUMBAVOOR, REPRESENTED BY ITS ENVIRONMENTAL
           ENGINEER.

           BY ADVS.
           SRI.RIYAL DEVASSY, GP,
           SRI.T.NAVEEN, SC
           SRI.C.A.NAVAS -R1
           SRI. T.K. SASIKUMAR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11799 OF 2017


                                2


              P.V.KUNHIKRISHNAN, J.
          --------------------------------------------
              W.P.(C) No.11799 of 2017
         ----------------------------------------------
       Dated this the 12th day of April, 2024


                          JUDGMENT

The above writ petition is filed with the following

prayers:

"a) issue a writ of mandamus or such other writ, order or direction setting aside the Exhibit P-13 order of the 1st respondent;

b) permit the petitioner to function the unit the D and O renewal license for the year 2017-18 is considered afresh;

c) direct the respondents 1 & 2 to issue D and O renewal license to the petitioner for the year 2017-

18;

And

d) grant such other reliefs as this Hon'ble Court shall deem just." SIC WP(C) NO. 11799 OF 2017

2. The main prayer in this writ petition is

regarding the rejection of D and O license of a

running unit. When this writ petition came up for

consideration on 10.04.2017, this Court passed the

following order.

"Admit.

There will be an interim stay of Ext.P13 notice and the petitioner shall be permitted to continue the operations in the industry based on the licenses already possessed by her for the previous years, pending disposal of the writ petition. It will be open to the respondents to bring up the matter at any time to vacate or modify the

interim order after filing a counter affidavit."

3. Heard the learned counsel appearing for the

petitioner, the learned Standing Counsel appearing for

the 1st respondent and also the learned Government

Pleader.

WP(C) NO. 11799 OF 2017

4. It is submitted that the petitioner is having

all statutory permits and license to function the unit.

If that be the case, the continuation of Ext.P13 is not

necessary. Ext.P13 is quashed. If the petitioner is

having license and permits from all the statutory

authorities, the petitioner can function the unit.

With the above observation, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 11799 OF 2017

APPENDIX OF WP(C) 11799/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SMALL SCALE INDUSTRIES REGISTRATION CERTIFICATE DATED 23.10.10 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, ERNAKULAM

EXHIBIT P2 TRUE COPY OF THE D&O LICENSE DATED 01.04.2016 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 27.03.2014 BY THE DISTRICT MEDICAL OFFICER OF HEALTH,ERNAKULAM ISSUED TO THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 01/10/2014 BY THE DISTRICT MEDICAL OFFICER OF HEALTH,ERNAKULAM,RECORDING SATISFACTION

EXHIBIT P5 TRUE COPY OF THE CONSENT TO OPERATE DATED 21/08/2015 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD,HAVING VALIDITY UPTO 30.06.18

EXHIBIT P6 TRUE COPY OF THE LICENSE DATED 05.01.2016 ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS,ERNAKULAM

EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.11.2016 ISSUED TO THE PETITIONER UNDER KERALA VALUE ADDED TAX.

EXHIBIT P8 TRUE COPY OF THE ORDER IN W.P. (C)NO.31099/2014 DATED 19.02.2015. WP(C) NO. 11799 OF 2017

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.31792/2014 DATED 15.12.2014

EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 05.03.2015 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P11 TRUE COPY OF THE INSPECTION REPORT DATED 17.03.2015 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P12 TRUE COPY OF THE CASH RECEIPT DATED

22.O2.2017 ISSUED BY THE 2ND RESPONDENT ACKNOWLEDGING THE PAYMENT OF THE AMOUNT FOR THE D & O LICENSE.

EXHIBIT P13 TRUE COPY OF LRTHE NOTICE DATED 31.03.2017 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE