Manikandan P vs The Secretary
2024 Latest Caselaw 32295 Ker

Kerala High Court

Manikandan P vs The Secretary on 8 November, 2024

                                                             2024:KER:83565

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                          WP(C) NO. 9301 OF 2018

PETITIONER:

            MANIKANDAN P.,
            AGED 38 YEARS,
            S/O.NARAYANAN ASARI, PUZHAMBRATH SREE NILAYAM,
            BIYYAM POST, PONNAI, MALAPPURAM DISTRICT.


            BY ADVS.
            SRI.P.CHANDRASEKHAR
            SRI.K.ARJUN VENUGOPAL
            SMT.V.A.HARITHA
            SRI.JEEVAN RAJEEV
            SMT.MARY RESHMA GEORGE
            SMT.P.M.MAZNA MANSOOR
            SRI.R.NANDAGOPAL
            SRI.S.PRASANTH




RESPONDENTS:

    1       THE SECRETARY
            PONNAI MUNICIPALITY, PONNAI P.O., MALAPPURAM DISTRICT,
            PIN- 679 577.

    2       PONNAI MUNICIPALITY,
            REPRESENTED BY ITS SECRETARY,PONNAI P.O., MALAPPURAM
            DISTRICT, PIN- 679 577.


            BY ADV,
            SRI.C.V.MANUVILSAN, SC, PONNANI MUNICIPAL COUNCIL


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.9301 of 2018                2                    2024:KER:83565


                                JUDGMENT

The petitioner had applied for license from the repondent-

Municipality for running a Carpentry workshop.

2. By Ext.P2 proceedings, the municipal council after

referring to the conditions in the single window clearance at

Paragraph 2, ultimately rejected the request for license filed by the

petitioner. The petitioner challenged the afore proceedings before

the Ombudsman for Local Self Government Institutions and by

Ext.P3, the petitioner's prayer was directed to be accepted.

However, insofar as another writ petition was pending before this

Court, filed by a third party, against the petitioner, the respondent-

municipality did not grant the license. It is pointed out that the afore

writ petition filed by one Sri.Mohanan has been subsequently

withdrawn as infructous.

3. The petitioner thereafter, made a fresh application

with respect to the period 2016 onwards and by Ext.P7, the

petitioner is granted permission to run the industry dated

24.11.2017.

4. The learned counsel for the petitioner, Sri.Anoop

Krishna, points out that Ext.P7 to the extent of prescribing that the

petitioner shall only run the industry from 11 a.m. to 4 p.m. cannot W.P.(C)No.9301 of 2018 3 2024:KER:83565

be sustained, insofar as, the single window clearance referred to, in

Ext.P2 had proposed to permit the petitioner to run the industry from

6 a.m. to 6 p.m. He also points out that Ext.P7 has been issued

without hearing the petitioner.

5. I also heard Sri.Manu Wilson, the learned Standing

Counsel for the respondent - municipality.

6. I notice that the application and the order at Ext.P7,

was with reference to the period 2017-18. Though, the petitioner

had filed an application for 2018-19, as seen from Ext.P8, that is not

seen processed.

7. In any event, I am of the opinion, that the petitioner

has to file a fresh application for license for the subsequent periods.

If such an application being presented, the said application is to be

considered and disposed of, with reference to the advise given by

the single window clearance, referred to Ext.P2.

In such circumstances, this writ petition would stand

disposed of as under:

i. The petitioner to file a fresh application for license

with the 1st respondent herein.

ii. If such an application is filed by the petitioner , the 1st

respondent to process the same and pass W.P.(C)No.9301 of 2018 4 2024:KER:83565

appropriate orders with reference to the the advise

given by the single window clearance, referred to in

Ext.P2, within a period of one month from the filing of

application.

Sd/-

HARISANKAR V. MENON JUDGE ANA W.P.(C)No.9301 of 2018 5 2024:KER:83565

APPENDIX OF WP(C) 9301/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE DISTRICT SINGLE WINDOW CLEARANCE BOARD DATED 02.08.2006.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 05.10.2006 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER OF HON'BLE LOCAL SELF GOVERNMENT DIRECTED THE SECRETARY OF THE MUNICIPALITY TO GRANT AND ISSUE LICENSE TO THE PETITIONER DATED 29.01.2010.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.36093 OF 2016.

EXHIBIT P5 TRUE COPY OF THE D&O LICENSE TO THE PETITIONER FOR THE YEAR 2017-2018 DATED 05.06.2017.

EXHIBIT P6 TRUE COPY OF THE CONSENT OF THE KERALA STATE POLLUTION CONTROL BOARD TO OPERATE THE UNIT OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.H1-9526/13 DATED 24.11.2017.

EXHIBIT P8 TRUE COPY OF THE APPLICATION FOR RENEWAL OF D&O LICENSE SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT ON 05.02.2018 ALONG WITH ENCLOSURES.

ANNEXURE R1(a) A TRUE PHOTOCOPY OF THE INTERIM ORDER OF STAY DATED 21.12.2018, PASSED BY THE WATER APPELLATE AUTHORITY, THIRUVANANTHAPURAM IN I.A. NO.36/2018 IN APPEAL NO.18/2017 IN THE MATTER OF K. MOHANAN VS. KERAA STATE POLLUTION CONTROL BOARD & ORS.

ANNEXURE R1(b) A TRUE PHOTOCOPY OF NOTICE VIDE NO.H1- W.P.(C)No.9301 of 2018 6 2024:KER:83565

9526/13 TO THE PETITIONER TO STOP THE FUNCTIONING OF THE CARPENTRY UNIT ON 31.01.2019.

ANNEXURE R1(c) A TRUE PHOTOCOPY OF THE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER FOR D&O LICENCE FOR THE YEAR 2019-20 VIA POST.

ANNEXURE R1(d) A TRUE PHOTOCOPY OF THE REPORT OF THE HEALTH INSPECTOR.

ANNEXURE R1(e) A TRUE PHOTOCOPY OF THE NOTICE VIDE NO.H1- 9526/13 DATED 29.03.2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.