Aseef vs Paipra Grama Panchayath
2024 Latest Caselaw 16429 Ker

Kerala High Court

Aseef vs Paipra Grama Panchayath on 11 June, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
     TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 24970 OF 2016
PETITIONER:

            ASEEF
            AGED 37 YEARS
            S/O.ALIYAR, PALAKOTTIL HOUSE, MULAVOOR VILLAGE,
            PUNNOPPADY KARA, MUDAVOOR P.O., MUVATTUPUZHA.
            BY ADVS.
            SRI.S.RENJITH
            SRI.K.R.PRATHISH


RESPONDENTS:

    1       PAIPRA GRAMA PANCHAYATH
            PEZHAKAPPILLY P.O., MULAVOOR VILLAGE, MUVATTUPUZHA,
            ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN-683 542.
    2       THE KERALA STATE POLLUTION CONTROL BOARD
            DISTRICT OFFICE(ERNAKULAM-II), 1ST FLOOR, MANNA
            RESIDENCY, M.C.ROAD, PERUMBAVOOR, ERNAKULAM, PIN-683
            542.
    3       SUB INSPECTOR OF POLICE
            MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA-683 542.
    4       P.M.MOITHEEN
            AGED 48 YEARS
            PROPRIETOR MPS PLASTIC WORKS, AGED 48, S/O.MEERAAN,
            PALAKKOTTIL HOUSE, PUNNOOPPADY KARA, MUDAVOOR P.O.,
            MUVATTUPUZHA-686 669.
            BY ADVS.
            SMT.E.G.AMBILY
            SRI.C.A.NAVAS
            SMT.NAJMA T. RASHEED
            SRI.R.PARAMESWARA IYER
            SRI.T.K.SASIKUMAR
            SRI.P.A.SHAJI SAMAD
            SRI.SIRAJ KAROLY

            SMT.K.B.SONY-GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   FINALLY   BEEN   HEARD   ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24970 OF 2016

                                  2


                           JUDGMENT

1. This writ petition is filed seeking directions to the

respondents 1 to 3 to take necessary steps to stop the

functioning of the 4th respondent plastic Scrap unit without

obtaining licence from the 1st respondent-Panchayat and

from other authorities.

2. The learned counsel for the 1st respondent-Panchayath

submits that the 4th respondent has not obtained any licence

even now. The 4th respondent had license during the year

2022-2023 and the same has not been renewed.

3. At the time of admission this Court had passed Interim

order dated 27/07/2016 directing that the Panchayat shall if

necessary with the assistance of the 3 rd respondent to stop

the activity conducted by the 4th respondent if Ext.P2 is still in

force and the respondent has not obtained license. WP(C) NO. 24970 OF 2016

5. Hence maintaining this interim order, this writ petition is

disposed of.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 24970 OF 2016

APPENDIX OF WP(C) 24970/2016

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE PROCEEDINGS OF THE SINGLE WINDOW CLEARANCE BOARD, ERNAKULAM DATED 15-10-2014 EXHIBIT P2 COPY OF THE REPLY SUBMITTED BY THE 1ST RESPONDENT PANCHAYAT UNDER THE RIGHT TO INFORMATION ACT DATED 18-07-2016 EXHIBIT P3 COPY OF THE COMPLAINT DATED 19-07-2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 COPY OF THE RECEIPT ACKNOWLEDGING THE EXHIBIT P3 COMPLAINT.