Five Star Metals Private Limited vs The Secretary
2024 Latest Caselaw 13407 Ker

Kerala High Court

Five Star Metals Private Limited vs The Secretary on 24 May, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE EASWARAN S.
            FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                             WP(C) NO. 28642 OF 2018


PETITIONER:

              FIVE STAR METALS PRIVATE LIMITED
              REP.BY ITS MANAGING DIRECTOR, SRI.A.G.MADHAVAN,
              MOOCHANKUNDU, MUTHALAMADA, GOVINDAPURAM P.O,
              PALAKKAD,PIN-678507.

              BY ADV. T. SANJAY


RESPONDENTS:

     1        THE SECRETARY
              MUTHALAMADA GRAMA PANCHAYAT,MUTHALAMADA, P.O, PALAKKAD
              DISTRICT,PIN-678507.
     2        MUTHALAMADA GRAMA PANCHAYAT,
              MUTHALAMADA P.O, PALAKKAD DISTRICT, PIN-678 507,REP.BY ITS
              SECRETARY.
     3        STATE OF KERALA,
              REP.BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT,
              THIRUVANANTHAPURAM-695001.
     4        MATHAYI MATHEW,
              S/O. MATHAYI, AREEPARAMBIL, PERIYAPATHIKADU, ANNA NAGAR,
              GOVINDAPURAM P.O, PALAKKAD DISTRICT, PIN-678507.

              BY ADV. K. M. FAISAL, GOVERNMENT PLEADER




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28642 of 2018

                                   2




                            JUDGMENT

Dated this the 24th day of May, 2024

When the matter is taken up for consideration

today, learned Government Pleader submitted that

the matter has become infructuous.

Accordingly, the writ petition is closed as

infructuous.

Sd/-

EASWARAN S.

JUDGE NB/24-5

APPENDIX OF WP(C) 28642/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LICENCE NOS. 3/05-06 AND 22/05-06 DATED 16.5.2005 AND 06.3.2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ENQUIRY REPORT DATED 25.6.2014 BY THE SECRETARY OF THE MUTHALAMADA GRAMA PANCHAYATH. EXHIBIT P3 TRUE COPY OF THE MIINUTES OF THE MUTHALAMADA GRAMA PANCHAYT COMMITTEE MEETING DATED 20.10.2014. EXHIBIT P4 TRUE COPY OF THE LICENCE NO.A3/5297 /14 DATED 24.10.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WPC.NO.13845/2015 DATED 01.6.2015 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER IN IA.NO.446/2016 IN APPEAL NO,246/2016 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR RENEWAL OF D AND O LICENCE ON 28.2.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF NO OBJECTION CERTIFICATE NO.G2/11518/11 ISSUED BY THE DISTRICT MEDICAL OFFICER DATED 14.11.2011 TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE OBJECTION CERTIFICATE NO.G.2309/2015 DATED 23.3.2015 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, PALAKKAD TO THE PETITIONER. EXHIBIT P10 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 05.4.2018 ISSUED IN FORM D BY THE DISTRICT GEOLOGIST, PALAKKAD TO THE PETITIONER. EXHIBIT P11 TRUE COPY OF THE DEALER'S LICENCE DATED 05.4.2018 ISSUED IN FORM G BY THE DISTRICT GEOLOGIST, PALAKKAD TO THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE LICENCE DATED 02.6.2018 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS TO THE PETITIONER.

EXHIBIT P13 TRUE COPY OF KERALA INTEGRATED CONSENT OT OPERATE THE UNIT ISSUED BY THE POLLUTION CONTROL BOARD AS PER CONSENT NO.PCB/PLKD/ICO/R/377/2018 DATED 20.6.2018 TO THE PETITIONER.

EXHIBIT P14 TRUE COPY OF THE DECISION OF THE MUTHALAMADA GRAMA PANCHAYAT COMMITTEE DATED 21.3.2018. EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED 23.3.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P16 TRUE COPY OF THE ORDER IN APPEAL NO.221/2018 DATED 30.5.2018 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT P17 TRUE COPY OF THE ORDER NO.AII/1688/18 DATED 30.6.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P18 TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S UNIT, EXHIBIT P19 TRUE COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER, MUTHALAMADA ON 10.7.2018 TO THE PETITIONER.

EXHIBIT P20 TRUE COPY OF THE CERTIFICATE NO.216/KMSCR/2018 DATED 11.7.2018 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR TO THE PETITIONER.

EXHIBIT P21 TRUE COPY OF THE KERALA INVESTMENT PROMOTION AND FACILITATION (NO.2) ACT 14/2018. EXHIBIT P22 TRUE COPY OF THE AMENDED PANCHAYAT RAJ (ISSUE OF LICENCE TO DANGEROUS AND OFFENSIVE TRADES AND FACTORIES) RULES, 1996 PUBLISHED IN KERALA GAZETTE AS G.O(P) NO.80/2017 /LSGD DATED 31.10.2017. EXHIBIT P23 TRUE COPY OF THE JUDGMENT DATED 03.8.2018 IN WPC.NO,23964/2018 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

EXHIBIT P24 TRUE COPY OF THE HEARING NOTICE NO.AII/7498/18 DATED 10.8.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P25 TRUE COPY OF THE REPRESENTATION DATED 14.8.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P26 TRUE COPY OF THE CASH RECEIPTS NOS.A6865618 AND A685619 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ACKNOWLEDGING THE LICENCE FEE AND PROFESSION TAX.

EXHIBIT P27 TRUE COPY OF THE LICENCE NO74/2018-2019/AII-

2127(72)/18 DATED 21.8.2018 ISSUED BY THE 1ST RESPONDENT INFAVOUR OF THE PETITIONER. EXHIBIT P28 TRUE COPY OF ORDER NO.AII-1688/18 DATED 23.2.8.2018 ISSUED BY THE 1ST RESPONDENT TO PETITIONER.

EXHIBIT P29 TRUE COPY OF THE JUDGMENT DATED 12.4.2018 IN WPC.NO.13035/2018 OF THE HON'BLE HIGH COURT OF KERALA,ERNAKULAM.

RESPONDENTS EXHIBITS:      NIL


                                    TRUE COPY
                                  P.A. TO JUDGE