Kerala High Court
Shafi A S vs The State Of Kerala on 5 April, 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. 3231 OF 2024
PETITIONER:
SHAFI A S, AGED 46 YEARS, S/O ABDUL SHEREEF, AZHAKANTHARA NIKARTHIL,
KUTTANCHAL, THYCATTUSSERI VILLAGE, THYKATTUSSERI.P.O, CHERTHALA
TALUK, ALAPPUZHA DISTRICT-688528
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL SELF
GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001
2. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN- 688001
3. THE DEPUTY DIRECTOR OF PANCHAYATHS, ALAPPUZHA, PIN- 688001
4. THE DISTRICT MEDICAL OFFICER, ALAPPUZHA, PIN- 688001
5. THE CHENNAM PALLIPPURAM GRAMA PANCHAYATH, REPRESENTED BY ITS
SECRETARY, PALLIPPURAM.P.O, CHERTHALA THALUK,ALAPPUZHA DISTRICT,
PIN- 688541
6. THE SECRETARY, CHENNAM PALLIPPURAM GRAMA PANCHAYATH,
PALLIPPURAM.P.O, CHERTHALA THALUK, ALAPPUZHA DISTRICT, PIN- 688541
7. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, ALAPPUZHA, PIN-
688001
8. THE MEDICAL OFFICER/HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE,
PALLIPPURAM, CHERTHALA THALUK, ALAPPUZHA DISTRICT, PIN- 688541
9. PAREEDH K M, AGED 65 YEARS, S/O KUNJU MUHAMMED, KARIPPURATH,
VADUTHALA, AROOKUTTTY VILLAGE, AROOKUTTY P.O, CHERTHALA THALUK,
ALAPPUZHA DISTRICT, PIN- 688535
10. HAMEED @ BEGAN, AGED 57 YEARS, S/O MUHAMMED,RAMACHAMPARAMPIL HOUSE,
CHANDROOR,CHANDROOR P.O, AROOR VILLAGE, CHERTHALA THALUK, ALAPPUZHA
DISTRICT, PIN- 688537
11. TOMY JOSEPH, AGED 51 YEARS, KINKARANTHARA, EZHUPUNNA VILLAGE,
EZHUPUNNA.P.O, CHERTHALA THALUK, ALAPPUZHA DISTRICT, PIN- 688537
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 direct the respondents 5 and 6 to take effective and immediate
steps to stop the illegal functioning of the prawns peeling shed in the
building situated in survey numbers 290/3 & 290/9 in Pallippuram village
belongs to respondents 9 to 11, or else any activity in the premises
should be started only after obtaining Licence from the 5th respondent
panchayath, pending disposal of the Writ Petition(civil) in the interest
of justice.
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
26-03-2024 and upon hearing the arguments of M/S. P.V.DILEEP Advocate for
the petitioner, M/S. JOBY CYRIAC, KURIAN K JOSE & DEVIKA T.R., Advocates
for R5 & R6 and of M/S. K.P.SUDHEER & ANJALI MENON, Advocates for R9 to
R11, the court passed the following:
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/
