P. Vasudevan vs Kadangode Grama Panchayat
2024 Latest Caselaw 9907 Ker

Kerala High Court

P. Vasudevan vs Kadangode Grama Panchayat on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                     WP(C) NO. 28632 OF 2013
PETITIONERS:

      1    P. VASUDEVAN
           AGED 76 YEARS
           S/O.LATE GOVINDAN NAIR, PALLIVEETTIL HOUSE,
           VIA.PERINGODE, NAGALASSERY PANCHAYATH, OTTAPALAM
           TALUK, PALAKKAD DISTRICT.
      2    KESAVAN
           AGED 51 YEARS
           S/O.THAMPI, MATHUPARAMBIL, P.O.KOTHACHIRA,
           KADANGODE PANCHAYATH, THALAPPILLY TALUK, THRISSUR
           DISTRICT.
           BY ADVS.
           SRI.SANTHEEP ANKARATH
           SRI.ARUN MATHEW VADAKKAN

RESPONDENTS:

      1    KADANGODE GRAMA PANCHAYAT
           REPRESENTED BY THE PRESIDENT,
           REPRESENTING THE PANCHAYAT BOARD, TALAPPILLY
           TALUK, THRISSUR DISTRICT, PIN 680584.
      2    KADANGODE GRAMA PANCHAYAT
           REPRESENTED BY ITS SECRETARY, P.O.VELLARAKKAD,
           THRISSUR DISTRICT, PIN 680584.
      3    NPM AQUATIC LINKS PVTL.LTD.
           REPRESENTED BY ITS MANAGING DIRECTOR,
           P.K.MOHAMMED BASHEER, NEAR BEST GRANITES,
           KADANGODE, THRISSUR-680 519.
           BY ADVS.
           SRI.M.P.RAMNATH
           SRI.K.M.ANEESH
           SRI.S.NIKHIL SANKAR


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.28632/2013

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.28632 of 2013
             ----------------------------------------------
            Dated this the 05th day of April, 2024


                           JUDGMENT

This writ petition is filed with following prayers:

i. call for the records leading to Exhibits P3, P6 and P12 and quash Exhibits P3, P6 and P12 by the issue of a writ of certiorari or other appropriate writ, order or direction;

ii. issue such other orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

(SIC)

2. Petitioners are residents of Kadangode and

Nagalassery Grama Panchayaths. It is submitted that wide

spread agitation started against illegal functioning of a fish

meal and fish oil factory in Kadangode Grama Panchayat by

the residents complaining unbearable foul smell emanating

from the factory. It is also submitted that this Court directed

closure of the factory functioning without licence from the

local authority. During the pendency of the writ petition, a

licence was produced stating that the local authority has

issued a licence is the submission. This resulted in vacating

interim order granted by this Court. It is submitted that an

appeal was preferred against issuance of licence before the

Panchayath. The appeal was dismissed and the same was

taken up before the Tribunal for Local Self Government

Institutions. The Tribunal, without considering any of the

contentions of the petitioners and ignoring even the fact that

the factory is running using machineries having capacity more

than the licensed capacity is the submission. Aggrieved by the

same, this writ petition is filed.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader.

4. This Court perused Ext.P6 order passed by the

Tribunal for Local Self Government Institutions. This is an

order passed against Ext.P3 decision of the Panchayath

Committee. The Panchayat Committee, after considering the

facts, found that the factory is functioning with all permit and

licence and there is no violation of the permit conditions. The

Tribunal also considered the matter in detail in Ext.P6 order.

It will be better to extract the relevant portion of Ext.P6 order:

"16. If any further pollution is being resulted from the factory action under Section 233 A of the Kerala Panchayat Raj Act for abating nuisance can be taken. If there is any violation of the conditions in the various consents given by the statutory authorities or in the licence action under Section 236 (5) can be taken. When these statutory remedies are available it is not at all necessary to nullify the licence.

17. It is contended by the petitioners that actually the report by the Factories and Boilers Department was given after the Section 233 permit. Of course such a report dated 30.3.2012 forms page 222 of the file. But it is to be noted that in 2007 itself a report by the Factories and Boilers was received even though not in the form as found in page 222 report. Even if permit was granted without getting the report by the Factories and Boilers Department that irregularity was regularized on getting the said report on later point of time and thereby the establishment/installation permit also got regularized.

18. In view of the above discussion I find that there is no illegality in the matter of granting an establishment/installation permit to the 2nd respondent, granting a D & O licence to the 2nd respondent and hence the impugned decision can not at all be treated as vitiated by any sort of

illegalities. It is then only follows that the revision is to be dismissed. The points are found so. In the result, the impugned decision is confirmed and the Revision Petition is dismissed."

5. A perusal of the above order would show that the

Tribunal considered the matter in detail. I find no reason to

interfere with the same invoking the extra ordinary

jurisdiction under Article 226 of the Constitution of India. If

there is any fresh cause of action to the petitioners, the same

is left open.

With the above observation, this writ petition is

dismissed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 28632/2013

PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF INTERIM ORDER DATED 20.5.2010 IN WP(C) NO.27419/2009 PASSED BY THIS HON'BLE COURT.

EXHIBIT-P2: TRUE COPY OF APPEAL DATED 14.7.2010 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT-P3: TRUE COPY OF DECISION NO.9(1)/13 DATED 20.6.2013 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P4: TRUE COPY OF WRITTEN STATEMENT DATED 12.9.2013 SUBMITTED BY THE RESPONDENT PANCHAYAT IN REVISION PETITION NO.123/2013 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT-P5: TRUE COPY OF WRITTEN STATEMENT DATED 6.9.2013 SUBMITTED BY THE 3RD RESPONDENT HEREIN IN REVISION PETITION NO.123/2013 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT-P6: TRUE COPY OF ORDER DATED 23.9.2013 IN REVISION PETITION NO.123/2013 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT-P7: TRUE COPY OF LICENCE APPLICATION DATED 2.2.2007 SUBMITTED BY THE THIRD RESPONDENT.

EXHIBIT-P8: TRUE COPY OF STOP MEMO DATED 03.05.2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P9: TRUE COPY OF ORDER DATED 20.05.2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P10: TRUE COPY OF MASS PETITION DATED 11.6.2007 SUBMITTED BY RESIDENTS OF NAGALASSERY PANCHAYAT BEFORE THE DIRECTOR OF PANCHAYAT,

THIRUVANANTHAPURAM.

EXHIBIT-P11: TRUE COPY OF LETTER DATED 24.08.2013 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD.

EXHIBIT-P12: TRUE COPY OF LICENCE NO.A3-28/13-14 DATED 20.04.2013 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE 3RD RESPONDENT.