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N.M.Santhosh vs The State Of Kerala
2024 Latest Caselaw 12600 Ker

Citation : 2024 Latest Caselaw 12600 Ker
Judgement Date : 21 May, 2024

Kerala High Court

N.M.Santhosh vs The State Of Kerala on 21 May, 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 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 13216 OF 2017


PETITIONER:

             N.M.SANTHOSH
             AGED 45 YEARS, S/O.MANICKAN, NAKKARA HOUSE,
             CHALAKUDY (VIA), THRISSUR 680722
             BY ADV SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS:

      1      THE STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
             LOCAL SELF GOVERNMENT DEPARTMENT,
             GOVERNMENT SECRETARIAT, THRIUVANANTHAPURAM 695001
      2      THE
             CHALAKUDY MUNICIPALITY,
             REPRESENTED BY ITS SECRETARY,CHALAKUDY PO,
             THRISSUR DISTRICT, PIN 680001
      3      THE ENVIRONMENTAL ENGINEER
             DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL
             BOARD,THRISSUR 680001
      4      THE CHALAKUDY MUNICIPAL COUNCIL
             CHALAKUDY MUNICIPAL COUNCIL,
             CHALAKUDY MUNICIPALITY,
             REPRESENTED BY ITS CHAIRMAN,
             CHALKUDY PO, THRISSUR DISTRICT, 680001
OTHER PRESENT:

             SRI.B.S.SYAMANTAK, GP,
             SRI.T.NAVEEN, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.13216/2017

                                            2




                       P.V.KUNHIKRISHNAN, J.
                        --------------------------------
                       W.P.(C).No.13216 of 2017
                 ----------------------------------------------
                Dated this the 21st day of May, 2024


                                JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to Ext.P12 and may be pleased to issue a writ of certiorari to quash the same.

ii. Issue a Writ of Mandamus or any other appropriate Writ, Order or Directions commanding the second respondent to renew the license of the petitioner, as sought, in the interest of justice.

iii. To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

(SIC)

2. When this writ petition came up for consideration

on 11.04.2017, this Court passed the following order :

"Admit.

The learned Govt. Pleader takes notice for the 1 st respondent. Notice by speed post to respondents 2 and 4. The learned Standing Counsel takes notice for the 3rd respondent.

Post after one month for the counter affidavit of the respondents.

The 3rd respondent shall, in the meanwhile, consider and pass orders on the application for consent to operate, submitted by the petitioner within a period of two weeks from today."

3. In the light of the above order, no further order is

necessary.

Recording the order dated 11.04.2017, this writ petition

is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 13216/2017

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA KHADI VILLAGE INDUSTRIES BOARD DATED 09.06.89 EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE EMPLOYEES STATE INSURANCE CORPORATION DATED 08.12.94 EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES AND COMMERCE, THRISSUR DATED 26.07.91 EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE COMMERCIAL TAX OFFICER DATED 28.05.2007 EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION DATED 02.02.2012 EXHIBIT P6 A TRUE COPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS DATED 01.02.2016 EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 04.02.2017 EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION OF THE THIRD RESPONDENT DATED DATED 23.03.2017 EXHIBIT P9 TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 17.03.2017 EXHIBIT P10 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT DATED 24.03.2017 EXHIBIT P11 TRUE COPY OF THE COMMUNICATION OF THE THIRD RESPONDENT DATED 05.04.2017 EXHIBIT P12 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT DATED 04.04.2017

 
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