Kerala High Court
Shamji.M.R vs State Of Kerala on 6 February, 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA,
1945
WP(C) NO. 22891 OF 2015
PETITIONER:
SHAMJI.M.R., AGED 42 YEARS
S/O RAJAN,MANGATTU
HOUSE,AARAKUZHA.P.O,MUVATTUPUZHA,ERNAKULAM.
BY ADVS.
SRI.V.RAJENDRAN (PERUMBAVOOR)
SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,DEPARTMENT OF
LOCAL SELF GOVERNMENT,STATE SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT MANAGER
DISTRICT INDUSTRIES CENTRE,ERNAKULAM-682030.
3 THE DISTRICT COLLECTOR
CIVIL STATION,KAKKANAD-682030,ERNAKULAM.
4 THE VENGOLA GRAMA PANCHAYATH
REPRESENTED BY ITS
SECRETARY,VENGOLA,ERNAKULAM-683551.
5 THE SECRETARY, VENGOLA GRAMA
PANCHAYATH,ERNAKULAM DISTRICT-683551.
BY ADVS.
SMT.E.G.AMBILY
SHRI.P.THOMAS GEEVERGHESE, SC, VENGOLA GRAMA
PANCHAYAT
SRI.C.A.NAVAS
SRI.T.K.SASIKUMAR
SRI.P.A.SHAJI SAMAD
SRI.C.J.SOLOMAN
W.P(C).22891/2015
2
OTHER PRESENT:
SRI RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).22891/2015
3
P. V. KUNHIKRISHNAN, J.
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W.P(C).No.22891 of 2015
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Dated this the 6th day of February, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
(1) Issue a writ of Certiorari or any other appropriate
writ, direction or order calling for the records leading
to Exhibit P6 resolution of the Vengola Grama
Panchayath and quashing the same.
(ii) Issue a writ of mandamus or any other writ,
direction or order commanding the 4th respondent to
issue license to the petitioner as recommended by the
Single Window Clearance Board in Exhibit P5.
AND
(iii) issue such other further reliefs as are necessary in
the interests of justice.
[SIC]
2. The petitioner is the proprietor of M/s.Petra Chemicals.
By Ext.P1 license, the petitioner was permitted to conduct an
industry for manufacture of Thinner, Turpine etc, by the 4 th
W.P(C).22891/2015
respondent. It is the case of the petitioner that he wanted to
enhance the utility of his business establishment by manufacturing
Amino Resin (gum) using a 18 HP Motor. To enable the petitioner
to secure a modified license he obtained No Objection Certificate
from the District Medical Officer is the submission. He also
obtained No Objection Certificate from the Fire and Rescue
Services Certificate and also a consent from the Kerala State
Pollution Control Board. Exts.P2 to P4 are the certificates. Inspite
of the above factual situation, the Panchayath is not willing to
modify the license issued to the petitioner is the submission. The
petitioner under the circumstances approached the Single Window
Clearance System established by the State Government. After
considering the documents of the petitioner, the Single Window
Clearance Board granted Ext.P5 sanction to the petitioner to
commence the manufacture of Amino Resin using 18 HP.
Following Ext.P5, the petitioner submitted an application for
license before the 4th respondent. Ignoring the recommendation of
the Single Window Clearance Board, by Ext.P6 resolution, the
panchayath declined the request of the petitioner for grant of
W.P(C).22891/2015
license is the grievance of the petitioner. Hence this Writ Petition.
3. Heard counsel for the petitioner and the counsel
appearing for the panchayath.
4. When this Writ Petition came into consideration on
29.07.2015, this Court passed the following order:
'The learned GP takes notice for R1 to R3. Issue
notice to R4 & R5 by speed post.
R4 & R5 shall refrain from interfering with the
functioning of the petitioner's unit for two weeks.
Post after two weeks.'
5. The interim order was extended until further orders on
12.08.2015. Hence the interim order is in force as on today. Based
on the interim order, the petitioner's industry is functioning.
6. A perusal of Ext.P6 resolution would show that the main
reason for rejecting the application for license is the opposition
from the public. The unit is functioning for the last nine years
based on the interim order. Opposition from the public alone is not
a reason to reject an application for license. In such circumstance,
the panchayath has to reconsider the matter. To facilitate the
panchayath to reconsider the matter, Ext.P6 can be set aside.
W.P(C).22891/2015
Therefore, this Writ Petition is disposed of with the following
directions:
a) Ext.P6 is set aside.
b) The 5th respondent is directed to reconsider the
matter, after giving an opportunity of hearing to the
petitioner and other affected parties, if any, in the light
of Ext.P5.
c) The petitioner is also free to file application for
renewal of license in accordance with law.
d) If such an application is filed, the panchayath
will consider the same in accordance with law.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).22891/2015
APPENDIX OF WP(C) 22891/2015
PETITIONER EXHIBITS
P1 TRUE COPY OF THE LICENSE GRANTED TO THE PETITIONER BY
THE VENGOLA PANCHAYATH DATED 16/11/2010
P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT
MEDICAL OFFICER DATED 06/02/2015
P3 TRUE COPY OF THE "NO OBJECTION CERTIFICATE"ISSUED BY
THE ASSISTANT DIVISIONAL OFFICER FIRE AND RESCUE
SERVICES,ERNAKULAM DATED 30/05/2015
P4 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER
BY THE KERALA STATE POLLUTION CONTROL BOARD DATED
24/06/2015
P5 TRUE COPY OF THE PROCEEDINGS OF THE SINGLE WINDOW
CLEARANCE BOARD DATED 10/03/2015
P6 TRUE COPY OF THE RESOLUTION OF THE VENGOLA GRAMA
PANCHAYATH DATED 21/4/2015.
