Kerala High Court
P. Noushad Pampadan vs Kozhikode Municipal Corporation on 24 May, 2024
WP(C) No.16522/2024 1/4 Order Date : 24-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 24th day of May 2024 / 3rd Jyaishta, 1946
WP(C) NO. 16522 OF 2024
PETITIONER:
P. NOUSHAD PAMPADAN, AGED 38 YEARS,S/O MUHAMMED, EDAKKATH HOUSE,
PULIKKAL.P.O, MALAPPURAM, PIN-673637.
RESPONDENTs:
1. KOZHIKODE MUNICIPAL CORPORATION, REPRESENTED BY ITS
SECRETARY,KOZHIKODE MUNICIPAL CORPORATION OFFICE.KOZHIKODE,
PIN-673570
2. THE SECRETARY, KOZHIKODE MUNICIPAL CORPORATION,KOZHIKODE, PIN-673570
3. THE DISTRICT GEOLOGIST, DISTRICT OFFICE - DEPARTMENT OF MINING AND
GEOLOGY, WAYANAD RD, ERANHIPAALAM, , CIVIL STATION.P.O,
PALATTUTHAZHAM, KOZHIKODE, KERALA, PIN-673020
4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,3RD
FLOOR, ZAMORIN'S SQUARE, LINK ROAD,KOZHOKODE, PIN - 673002
5. SATE OF KERALA, REPRESENTED BY, SECRETARY DEPARTMENT OF MINING AND
GEOLOGY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the secretary, kozhikode municipal corporation to
consider the application and grant the petitioner license under section
443 and 444 and other relevant provisions of the Kerala Municipalities Act
-1994 and the Geologist -Kozhikode district to grant the petitioner
dealer's license to stock, sell and Exhibit for sale of minerals under the
Kerala State Minerals (Prevention of Illegal Mining, Storage and
Transportation) Rules - 2015, and with respect to "black stone hollow
block manufacturing and m- sand unit" situated in sy. no: 12/1a1 of
Cheruvannur Village, Kozhikode district covered by Exhibit P15 and P16
leave and license agreements, pending disposal of the writ petition
(civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S K.R.AVINASH (KUNNATH), ABDUL RAOOF PALLIPATH & PRAJIT RATNAKARAN,
Advocates for the petitioner and of SRI. G.SANTHOSH KUMAR (P)., Advocate
for R1 & R2, the court passed the following:
WP(C) No.16522/2024 2/4 Order Date : 24-05-2024
MOHAMMED NIAS C. P. , J.
====================================
W. P. (C) No. 16522 of 2024
====================================
Dated this the 24th day of May, 2024
ORDER
Admit.
2. Sri. V. Krishna Menon, learned Standing Counsel, takes
notice for respondents 1 and 2. The learned Government Pleader takes
notice for respondents 3 and 5. Sri. T. Naveen, learned Standing
Counsel, takes notice for the 4th respondent.
3. There will be a direction to respondents 1 and 2 to file their
statements.
Post on 10.6.2024.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
WP(C) No.16522/2024 3/4 Order Date : 24-05-2024
APPENDIX OF WP(C) 16522/2024
Exhibit P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE WITH TIN
- 32110822091 DATED 16.10.2025 OF THE PETITIONER ISSUED
FROM THE COMMERCIAL TAX DEPARTMENT
Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR
STOCKING AND SELLING AND/OR PROCESSING OF MINERALS
UNDER THE KERALA MINERALS (PREVENTION OF ILLEGAL
MINING, STORAGE AND TRANSPORTATION) RULES - 2015
BEARING NO: 40/2016-17/GS/DEPO/DOZ/M - 1815/16 DATED
26.09.2016 ISSUED TO THE PETITIONER BY THE DISTRICT
GEOLOGIST
Exhibit P3 THE TRUE COPY OF THE DEALER'S LICENSE TO STOCK , SELL
AND EXHIBIT FOR SALE OF MINERAL UNDER THE KERALA
MINERALS (PREVENTION OF ILLEGAL MINING, STORAGE AND
TRANSPORTATION) RULES - 2015 BEARING NO:
80/16-17/DL/GS/DEPO/DOZ/M-1842/16 DATED 26.09.2016
ISSUED TO THE PETITIONER BY THE DISTRICT GEOLOGIST
Exhibit P4 THE TRUE COPY OF THE INTEGRATED CONSENT TO ESTABLISH
NO: PCB/KKD/DO/ICE /4096/2014 DATED 21.08.2014 BY THE
KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER
Exhibit P5 THE TRUE COPY OF THE TRADE LICENSE NO: 59/16 DATED
27.06.2016 ISSUED BY THE KOZHIKODE MUNICIPAL
CORPORATION TO THE PETITIONER
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 05.01.2017 IN WPC -
314/2027 OF THE HONORABLE HIGH COURT OF KERALA
Exhibit P7 THE NOTICE NO: HI.11146/16 DATED 04.02.2017 THE HEALTH
OFFICER OF KOZHIKODE MUNICIPAL CORPORATION TO THE
PETITIONER
Exhibit P8 THE TRUE COPY OF THE LOCATION SKETCH OF THE INDUSTRIAL
UNIT OF THE PETITIONER
Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED 22.11.2018 IN WPC -
4900/2017 OF THE HONORABLE HIGH COURT OF KERALA
Exhibit P10 THE TRUE COPY OF THE JUDGMENT DATED 31.01.2019 IN R.P.
NO: 74 OF 2029 IN WPC - 4900/2017 OF THE HONORABLE HIGH
COURT OF KERALA
Exhibit P11 THE TRUE COPY OF THE ORDER NO: H1/11146/16 DATED
28.06.2019 THE SECRETARY, KOZHIKODE MUNICIPAL
CORPORATION
Exhibit P12 THE TRUE COPY OF THE LICENSE NO: 127/18 DATED
06.08.2018 BY THE JUNIOR HEALTH INSPECTOR , KOZHIKODE
MUNICIPAL CORPORATION ISSUED TO THE PETITIONER
Exhibit P13 THE RECEIPT OF THE APPLICATION FOR LICENSE BEARING NO:
B3/6282/23 DATED 10.07.2023
Exhibit P14 THE TRUE COPY OF THE LETTER NO: DOKOZ -DMG/14/2024-M
DATED 29.01.2024 ISSUED BY THE GEOLOGIST -KOZHIKODE
DISTRICT
Exhibit P15 THE TRUE COPY OF THE LEAVE AND LICENSE AGREEMENT DATED
01.05.2014 EXECUTED BETWEEN MRS. AYISHA UMMA AND MR.
NOUSHAD AND MR.ABDURAHIMAN
Exhibit P16 THE SUPPLEMENTARY LEAVE AND LICENSE AGREEMENT
DATED31.10.2016 EXECUTED BETWEEN MRS. AYISHA UMMA AND
MR. NOUSHAD
Exhibit P17 THE TRUE COPY OF THE DEALER'S LICENSE NO:
108/2017-18/DL/GS/CRU/DOZ/M-2038/17 DATED 27.09.2017
WP(C) No.16522/2024 4/4 Order Date : 24-05-2024
Exhibit P18 THE TRUE COPY OF THE RENEWAL OF THE CONSENT TO OPERATE
WITH FILE NO: KSPCB/KZ/ICO/10039268/2023 DATED
05.11.2023 ISSUED BY THE ENVIRONMENTAL ENGINEER
POLLUTION CONTROL BOARD TO THE PETITIONER
