T.K. Antony vs Njarakkal Grama Panchayath
2024 Latest Caselaw 29385 Ker

Kerala High Court

T.K. Antony vs Njarakkal Grama Panchayath on 17 October, 2024

                                                            2024:KER:78510
W. P. (C) Nos. 38255 of 2018,
6842 of 2021 and 14994 of 2023
                                            1

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                  THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

       THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                                 WP(C) NO. 38255 OF 2018

PETITIONERS:

       1         REX HARISON, AGED 49 YEARS,
                 S/O. XAVIER, RESIDING AT KALLUMADATHIL HOUSE,
                 MANJANAKAD, NARAKKAL P.O., ERNAKULAM DISTRICT-682505.

       2         BYJU O.C., AGED 47 YEARS,
                 S/O. CHEEKU, RESIDING AT OLATTU HOUSE, MANJANAKAD,
                 NARAKKAL P.O., ERNAKULAM DISTRICT-682505.

       3         K.P. MICHEAL, AGED 72 YEARS,
                 S/.O. PAPPU, RESIDING AT KALLUMADATHIL HOUSE,
                 MANJANAKAD, NARAKKAL P.O., ERNAKULAM DISTRICT - 682505.

                 BY ADVS. M/S.K.MOHANAKANNAN & H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

       1         DISTRICT COLLECTOR, KAKKANAD, ERNAKULAM-682030.

       2         ENVIRONMENTAL ENGINEER,
                 KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM
                 DISTRICT OFFICE-1, GANDHI NAGAR, ERNAKULAM - 682505.

       3         CIRCLE INSPECTOR OF POLICE,
                 OFFICE OF THE CIRCLE INSPECTOR OF POLICE, NARAKKAL
                 P.O., ERNAKULAM DISTRICT -682505.

       4         NARAKKAL GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY
                 OFFICE OF THE NARAKKAL GRAMA PANCHYATH, IX/110, SH63,
                 HOSPITAL JUNCTION NARAKKAL, KOCHI-682505.
                                                                       2024:KER:78510
W. P. (C) Nos. 38255 of 2018,
6842 of 2021 and 14994 of 2023
                                               2

       5         SECRETARY,
                 NARAKKAL GRAMA PANCHYATH, OFFICE OF THE NARAKKAL GRAMA
                 PANCHYATH, IX/110, SH63, HOSPITAL JUNCTION NARAKKAL,
                 KOCHI-682505.

       6         K.R. JOSE,
                 AGED 64 YEARS, S/O. K.D. REMOLDS, RESIDING AT
                 KALLUMADATHIL HOUSE, MANJANAKAD, NARAKAL P.O.,
                 ERNAKULAM DISTRICT-682505, PROPRIETOR KALLUMADATHIL
                 INDUSTRIES.

       7         SAJEEV K.K.,
                 AGED 62 YEARS, S/O. KARUNAKARAN, RESIDING AT
                 KALATHIPARAMBIL HOUSE, VYDYAR ROAD, NARAKKAL ERNAKULAM
                 DISTRICT - 682505, PROPRIETOR MARINE ENGINEERING WORKS.

                 SMT. DEVI SHRI R., GOVERNMENT PLEADER
                 ADV. SRI. K.S.ARUN KUMAR FOR R4 AND R5
                 ADV. SRI.K.JAJU BABU (SR.) ALONG WITH ADVS.
                 M/S.M.U.VIJAYALAKSHMI & BRIJESH MOHAN FOR R6
                 ADVS.M/S.N.C.JOSEPH & JINISHLAL S.B. FOR R7



        THIS     WRIT      PETITION      (CIVIL)   HAVING   BEEN   FINALLY   HEARD    ON
17.10.2024,         ALONG        WITH   WP(C).NOS.6842/2021   AND   14994/2023,      THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                    2024:KER:78510
W. P. (C) Nos. 38255 of 2018,
6842 of 2021 and 14994 of 2023
                                            3


                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                  THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

       THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                                 WP(C) NO. 6842 OF 2021

PETITIONER:

                 T.K. ANTONY, AGED 69 YEARS,
                 PROPRIETOR, M/S. KALLUMADATHIL INDUSTRIES, MANJANAKKAD,
                 NJARAKKAL P.O., ERNAKULAM, 682505.

                 BY ADVS.M/S.BRIJESH MOHAN, T.S.ATHIRA,
                 ASADU AHMMED CHULLINTE & SACHIN RAMESH


RESPONDENTS:

       1         NJARAKKAL GRAMA PANCHAYATH, REPRESENTED BY ITS
                 SECRETARY, ERNAKULAM DISTRICT 682 503.

       2         THE SECRETARY,
                 NJARAKKAL GRAMA PANCHAYAT, ERNAKULAM DISTRICT-682503.

  * ADDL.3 REX HARISON, AGED 53 YEARS,
           S/O. K.V. XAVIER, KALLUMADATHIL HOUSE, MANJANAKKAD,
           NJARAKKAL P.O., VYPIN, KOCHI-682505

                 * IS IMPLEADED AS ADDL. R3 AS PER ORDER DATED
                 05.07.2022 IN IA 1/22 IN WP(C) No. 6842/2021.

                 ADVS. M/S.M.N.SANJITH & K.S.ARUN KUMAR FOR R1 AND R2
                 ADV. SRI. K.MOHANAKANNAN FOR ADDL.R3

                 SMT. DEVI SHRI R., GOVERNMENT PLEADER
        THIS     WRIT      PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
17.10.2024, ALONG WITH WP(C).NOS.38255/2018 AND 14994/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                       2024:KER:78510
W. P. (C) Nos. 38255 of 2018,
6842 of 2021 and 14994 of 2023
                                               4

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

                  THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

       THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                                   WP(C) NO. 14994 OF 2023

PETITIONER:

                 REX HARISON, AGED 53 YEARS,
                 S/O. K.V. XAVIER, KALLUMADATHIL HOUSE, MANJANAKKAD,
                 NJARAKKAL, KOCHI, PIN - 682505.

                 BY ADVS.M/S.K.MOHANAKANNAN & H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

       1         NJARAKKAL GRAMA PANCHAYAT, REPRESENTED BY ITS
                 SECRETARY, NJARAKKAL P.O., ERNAKULAM, KOCHI, PIN -
                 682505.

       2         THE SECRETARY,
                 NJARAKKAL GRAMA PANCHAYAT, NJARAKKAL P.O., ERNAKULAM,
                 KOCHI, PIN - 682505.

       3         ANTONY THEVARAKKAT,
                 PROPRIETOR, KALLUMADATHIL INDUSTRIES, NJARAKKAL P.O.,
                 ERNAKULAM, PIN - 682505.

       4         STATION HOUSE OFFICER,
                 NJARAKKAL POLICE STATION, NJARAKKAL P.O., ERNAKULAM,
                 PIN - 682505.

                 ADV. SRI.K.S.ARUN KUMAR FOR R1 AND R2
                 ADVS. M/S.SACHIN RAMESH & BRIJESH MOHAN FOR R3
                 SMT. DEVI SHRI R., GOVERNMENT PLEADER


        THIS     WRIT      PETITION      (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
17.10.2024,         ALONG        WITH   WP(C).NOS.38255/2018   AND   6842/2021,      THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :
                                                                 2024:KER:78510
W. P. (C) Nos. 38255 of 2018,
6842 of 2021 and 14994 of 2023
                                            5




                                 MOHAMMED NIAS C. P. , J.
            ========================================================
            W. P. (C) Nos. 38255 of 2018, 6842 of 2021 and 14994 of 2023
            ========================================================
                       Dated this the 17th day of October, 2024

                                      JUDGMENT

The petitioner in WP(C) No. 6842/2021 was carrying on a business in

boat repair and challenges Ext.P3 stop memo issued to him. WP(C) No.

38255/2018 is filed by the neighbours, contending that the petitioner in

WP(C) No. 6842/2021 is carrying on the business without a licence and

causing pollution. WP(C) No. 14994/2023 is filed by the first petitioner in

WP(C) No. 38255/2018, alleging that the business is being carried on by the

petitioner in WP(C) No. 6842/2021 without a licence.

2. This Court passed an order on 24.6.2024 in WP(C) No. 6842/2021,

making it clear that the petitioner in WP(C) No. 6842/2021 shall not conduct

any business without getting appropriate permission from the respondents.

Respondents 1 and 2 were also directed to consider the application for

licence preferred by the petitioner for renewal with notice to the additional

third respondent, who is also a petitioner in the other two cases. When the 2024:KER:78510 W. P. (C) Nos. 38255 of 2018, 6842 of 2021 and 14994 of 2023

matter was taken up on 15.10.2024, it was brought to my notice that the

Panchayat had passed an order on 9.7.2024 rejecting the application for

licence submitted by the petitioner in WP(C) No. 6842/2021.

Under such circumstances, nothing remains to be decided in these

writ petitions and they are closed without prejudice to the right of the

petitioner in WP(C) No. 6842/2021 to challenge the order rejecting the

licence, if so advised. All contentions of the parties are left open.

These Writ Petitions are closed as above.

Sd/-

MOHAMMED NIAS C. P., JUDGE

MMG 2024:KER:78510 W. P. (C) Nos. 38255 of 2018, 6842 of 2021 and 14994 of 2023

APPENDIX OF WP(C).NO.38255/2018

PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 01/03/2018.

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 01/03/2018.

EXHIBIT P2 A TRUE COPY OF COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 11/04/2018.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 02/03/2018.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATIONS FILED BEFORE THE 1ST RESPONDENT DATED 30/11/2017.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATIONS FILED BEFORE THE 1ST RESPONDENT DATED 19/02/2018.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATIONS FILED BEFORE THE 1ST RESPONDENT DATED 31/08/2018.

EXHIBIT P5 A TRUE COPY OF THE RIGHT TO INFORMATION APPLICATION DATED 05/04/2018.

EXHIBIT P6 A TRUE COPY OF THE RIGHT TO INFORMATION REPLY DATED 02/05/2018.

RESPONDENTS' EXHIBITS:

EXHIBIT R4 A TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY T.K.ANTONY DATED 24/3/2022

EXHIBIT R4 B TRUE COPY OF THE LETTER DATED 12/4/2022 ISSUED BY THE RESPONDENT NO.5 2024:KER:78510 W. P. (C) Nos. 38255 of 2018, 6842 of 2021 and 14994 of 2023

APPENDIX OF WP(C).NO.6842/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD TO THE PETITIONER WHICH IS VALID UPTO 5.3.2023

EXHIBIT P2 TRUE COPY OF THE RECEIPT NO. 0990079 DATED 4.3.2021 ISSUED BY THE 2ND RESPONDENT PROVING SUBMISSION FOR D & O LICENSE FOR THE YEAR 2021-2022.

EXHIBIT P3 TRUE COPY OF THE STOP MEMO NO. A6-868/21 DATED 1.3.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 5.2.2021 TO EXT. P3 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RECEIPT NO. A6/1826/2021 DATED 5.3.2021 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT PROVING SUBMISSION OF EXT. P4 REPLY.

EXHIBIT P6 TRUE COPY OF THE LICENSE NO.JC3/1224/2024 DATED 18- 3-2024 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE CONSENT TO OPERATE DATED 24-10-2023 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM

EXHIBIT P8 TRUE COPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS.

EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT PROVING SUBMISSION OF APPLICATION FOR RENEWAL OF LICENSE FOR THE YEAR 2024-2025.

RESPONDENTS' EXHIBITS:

EXHIBIT R1A TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY T.K.ANTONY DATED 24/3/2022

EXHIBIT R1B TRUE COPY OF THE LETTER DATED 12/4/2022 ISSUED BY THE RESPONDENT NO.2.

2024:KER:78510 W. P. (C) Nos. 38255 of 2018, 6842 of 2021 and 14994 of 2023

APPENDIX OF WP(C).NO.14994/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE STOP MEMO ISSUED TO THE 3RD RESPONDENT BY THE 2ND RESPONDENT DATED 1-3-2023

EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 2ND RESPONDENT DATED 13-3-2023 WITH ACKNOWLEDGEMENT

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.SC3/1837/2023 SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 12-4-2023

RESPONDENTS' EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF THE APPLICATION DATED 22.02.2024 FOR RENEWAL OF THE LICENSE FOR CONDUCTING BOATYARD WORKSHOP SUBMITTED BY RESPONDENT NO.3

EXHIBIT R1(B) THE TRUE COPY OF THE CERTIFICATE DATED 12.03.2024 ISSUED BY RESPONDENT NO.2