Kerala High Court
Yousaf vs Ongallur Grama Panchayat on 6 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 35371 OF 2017
PETITIONER:
YOUSAF,
AGED 67 YEARS, S/O. ABDULLA,
VARAMANGALATH HOUSE, KUNDOORKKARA POST,
PATTAMBI, PALAKKAD DISTRICT.
BY ADVS.
SRI.SANTHEEP ANKARATH
SMT.C.K.SHERIN
RESPONDENTS:
1 ONGALLUR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
KALLADIPATTA P.O. - 679 313,PALAKKAD DISTRICT.
2 ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
PALAKKAD -678 001.
BY ADVS.
SRI.R.SREEHARI-STANDING COUNSEL
SRI.SACHIN VYAS
SRI.K.R.SANTHOSH KUMAR
SRI. T. NAVEEN- STANDING COUNSEL (KERALA STATE
POLLUTION CONTROL BOARD)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.06.2024, ALONG WITH WP(C).38531/2017, 38532/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.35371 of 2017 & con.cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 38531 OF 2017
PETITIONER:
FATHIMAKUTTY
AGED 53 YEARS, W/O.ABU, KACHERI HOUSE,
KONDOORKKARA P.O., PALAKKAD DISTRICT.
BY ADVS.
SRI.SANTHEEP ANKARATH
SMT.C.K.SHERIN
RESPONDENT:
ONGALLUR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
KALLADIPATTA P.O., -679 313,
PALAKKAD DISTRICT.
BY ADVS.
SRI.R.SREEHARI-STANDING COUNSEL
SRI.SACHIN VYAS
SRI.K.R.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.06.2024, ALONG WITH WP(C).35371/2017 AND
WP(C).38532/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.35371 of 2017 & con.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 38532 OF 2017
PETITIONER:
K.T.ABOOBACKER
AGED 65 YEARS, S/O VEERAN,
KALATHILTHODI HOUSE,KONDOORKKARA PO,
KALLADIPATTA-679 313,PALAKKAD DISTRICT.
BY ADVS.
SRI.SANTHEEP ANKARATH
SMT.C.K.SHERIN
RESPONDENT:
ONGALLUR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
KALLADIPATTA PO-679 313,PALAKKAD DISTRICT.
BY ADVS.
SRI.R.SREEHARI-STANDING COUNSEL
SRI.SACHIN VYAS
SRI.K.R.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.06.2024, ALONG WITH WP(C).35371/2017 AND
WP(C).38531/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.35371 of 2017 & con.cases
4
M.A. ABDUL HAKHIM, J.
--------------------------------
W.P.(C) No. 35371 of 2017,
W.P.(C) No. 38531 of 2017 &
W.P.(C) No. 38532 of 2017
--------------------------------
Dated this the 6th day of June, 2024
JUDGMENT
1. The Counsel for the petitioner submitted that no further
orders are necessary in these writ petitions and these writ
petitions can be disposed of reserving the liberty to the
petitioner to approach again if there is any further grievance in
the matter.
2. Adv. R. Sreehari who appeared for the Panchayath
confirms that Panchayath has renewed license to the industries
owned by the petitioner and the same is subsisting.
3. Accordingly, these writ petitions are dismissed giving
liberty to the petitioner to approach again if there is any further
grievance on the same subject matter.
Sd/-
M.A. ABDUL HAKHIM,
JUDGE
S.M.K.
WP(C) NO.35371 of 2017 & con.cases
APPENDIX OF WP(C) 35371/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF D & O LICENCE NO. A5/1592/17
DATED 04.4.2017 ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF 'CONSENT TO OPERATE' DATED
01.9.2015 ISSUED BY KERALA STATE POLLUTION
CONTROL BOARD,
EXHIBIT P3 TRUE COPY OF SANITARY CERTIFICATE ISSUED BY
HEALTH INSPECTOR, PRIMARY HEALTH CENTRE,
ONGALLUR AND DATED 01.3.2017.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
STATION OFFICER, FIRE AND RESCUE SERVICES,
SHORNUR DATED 14.9.2015.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY
THE MANAGER, DISTRICT INDUSTRIES CENTRE,
PALAKKAD FOR ESTABLISHMENT OF THE PLASTIC
CHIP MANUFACTURING UNIT OF THE PETITIOENR
AND DATED 02.5.2015.
EXHIBIT P6 TRUE COPY OF ORDER DATED 09.8.2017 IN MP
NO. 71/2017 ISSUED BY SUB DIVISIONAL
MAGISTRATE (REVENUE DIVISIONAL OFFICER),
OTTAPALAM.
EXHIBIT P7 TRUE COPY OF APPLICATION DATED 19.10.2017
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P8 TRUE COPY OF REPLY DATED 19.10.2017 ISSUED
BY THE RESPONDENT UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P9 TRUE COPY OF RESOLUTION NO. 33/1 DATED
30.8.2017 OF THE PANCHAYAT COMMITTEE OF
RESPONDENT PANCHAYAT.
EXHIBIT P10 TRUE COPY OF ORDER No.A5-7987/2017 DATED
22.11.2017 ISSUED BY THE RESPONDENT
WP(C) NO.35371 of 2017 & con.cases
APPENDIX OF WP(C) 38531/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF D & O LICENCE NO.A2/2176/17
DATED 25.05.2017 ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF 'INTEGRATED CONSENT TO
OPERATE- RENEWAL' DATED 03.08.2016 ISSUED
BY KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P3 TRUE COPY OF SANITARY CERTIFICATE ISSUED BY
HEALTH INSPECTOR, PRIMARY HEALTH CENTRE,
ONGALLUR AND DATED 2.4.2016.
EXHIBIT P4 TRUE COPY OF ORDER DATED 9.8.2017 IN
M.P.NO.71/2017 ISSUED BY SUB DIVISIONAL
MAGISTRATE (REVENUE DIVISIONAL OFFICER),
OTTAPALAM.
EXHIBIT P5 TRUE COPY OF ORDER NO.A5-7987/2017 DATED
22.11.2017 ISSUED BY THE RESPONDENT.
EXHIBIT P6 TRUE COPY OF RESOLUTION NO.33/1 DATED
30.8.2017 OF THE PANCHAYAT COMMITTEE OF
RESPONDENT PANCHAYAT.
EXHIBIT P7 TRUE COPY OF APPLICATION DATED 19.10.2017
SUBMITTED BY BEFORE THE RESPONDENT UNDER
RIGHT TO INFORMATION ACT.
EXHIBIT P8 TRUE COPY OF REPLY DATED 19.10.2017 ISSUED
BY THE RESPONDENT UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P9 TRUE COPY OF APPLICATION DATED 21.10.2017
SUBMITTED BY BEFORE THE RESPONDENT UNDER
RIGHT TO INFORMATION ACT.
EXHIBIT P10 TRUE COPY OF REPLY DATED 23.10.2017 ISSUED
BY THE RESPONDENT UNDER RIGHT TO
INFORMATION ACT.
WP(C) NO.35371 of 2017 & con.cases
APPENDIX OF WP(C) 38532/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF D & O LICENCE NO.A5/1594/17 DA
04.04.2017 ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE 'CONSENT TO OPERATE' DATED
20.12.2016 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD.
EXHIBIT P3 TRUE COPY OF SANITARY CERTIFICATE ISSUED BY
HEALTH INSPECTOR PRIMARY HEALTH CENTRE,
ONGALLUR AND DATED 27.2.2017
EXHIBIT P4 TRUE COPY OF ORDER DATED 9.8.2017 IN M.P
NO.71/2017 ISSUED BY THE SUB DIVISIONAL
MAGISTRATE (REVENUE DIVISIONAL OFFICER)
OTTAPALAM.
EXHIBIT P5 TRUE COPY OF ORDER NO.A5-7987/2017 DATED
22.11.2017 ISSUED BY THE RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RESOLUTION NO.33/1 DATED
30.8.2017 OF THE PANCHYAT COMMITTEE OF
RESPONDENT PANCHAYAT.
EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED
19.10.2017 SUBMITTED BY BEFORE THE
RESPONDENT UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P8 TRUE COPY OF REPLY DATED 19.10.2017 ISSUED
BY THE RESPONDENT UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED
21.10.2017 SUBMITTED BY BEFORE THE
RESPONDENT UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED 23.10.2017
ISSUED BY THE RESPONDENT UNDER RIGHT TO
INFORMATION ACT.
