Joseph P.P vs The Secretary
2024 Latest Caselaw 29587 Ker

Kerala High Court

Joseph P.P vs The Secretary on 17 October, 2024

                                                               2024:KER:77704

                   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. 22057 OF 2023

PETITIONER:

               JOSEPH P.P.,
               AGED 54 YEARS
               S/O PAVUNNY P A, RESIDING AT PONNARY HOUSE,
               VARANADARAPPILLY PO, THRISSUR, PIN - 680 303.


               BY ADVS.
               K.R.ARUN KRISHNAN
               DEEPA K.RADHAKRISHNAN
               JISSMON A KURIAKOSE
               SANAL C.S
RESPONDENTS:

               THE SECRETARY,
               LOCAL SELF GOVERNMENT DEPARTMENT,
     1         GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

               KERALA POLLUTION CONTROL BOARD,
               REPRESENTED BY CHIEF ENVIRONMENT ENGINEER,
     2
               HEAD OFFICE, PATTOM, TRIVANDRUM, PIN - 695 004.

               KODAKARA GRAMA PANCHAYATH,
               KODAKARA GRAMAPANCHAYATH, KODAKARA.P.O.,
     3
               THRISSUR DISTRICT, PIN - 680 684.


               BY ADV M.R.ANISON

               SRI.T.NAVEEN, SC, SMT.PREETHA K.K., SR.GP


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.22057 of 2023
                                       2


                                                               2024:KER:77704


                        MOHAMMED NIAS C.P., J
                      -------------------------------------
                       W.P(C) No.22057 of 2023
           -----------------------------------------------------------
            Dated this the 17th day of October, 2024


                              JUDGMENT

The petitioner challenges Ext.P1 notice and Ext.P5 order passed by

the Panchayat imposing a fine relying on Ext.P2 Government Order dated

27.01.2019 banning the use of single-use plastics.

2. The learned counsel for the Panchayat submits that the

decision was taken on the basis of the revised orders of the Government

dated 21.03.2022, produced as Ext.R3(a). The fact remains that the

petitioner had not given any reply to Ext.P1 notice and there is nothing on

record to show that the petitioner was heard before Ext.P5 order was

passed. Under such circumstances, Ext.P5 will be treated as a show cause

notice, and the petitioner can file his objection to Ext.P5 within two weeks

from today, taking up all contentions available to him under law, before

the 3rd respondent. On the 3rd respondent receiving the objection from

the petitioner, fresh orders will be passed after hearing the writ petitioner

and in accordance with law within four weeks thereafter.

2024:KER:77704

Till orders are passed as directed above all coercive steps against

the petitioner shall be kept in abeyance. This writ petitioner is disposed of

as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE SCB

2024:KER:77704

APPENDIX OF WP(C) 22057/2023

PETITIONER EXHIBITS

TRUE COPY OF THE NOTICE DATED 09.06.2023. EXHIBIT P1 TRUE COPY OF GO (MS) NO.6/2019/ENVT DATED EXHIBIT P2 27.11.2019.

TRUE COPY OF GO (MS) NO.2/2020/ENVT DATED EXHIBIT P3 27.01.2020.

TRUE COPY OF THE JUDGEMENT IN WPC NO:. 23089 EXHIBIT P4 OF 2022 DATED 10.01.2023.

A TRUE COPY OF COMMUNICATION DATED 23/06/2023 EXHIBIT P5 OF THE 3RD RESPONDENT.

RESPONDENT EXHIBITS

                        TRUE    COPY    OF    ORDER   BEARING   G.O.

(P)NO.673/2023/LSGD, DATED 21.03.2023 ISSUED EXHIBIT R3(A) BY THE 1ST RESPONDENT.

TRUE COPY OF THE MAHAZAR DATED 07.06.2023 EXHIBIT R3(B) PREPARED BY DISTRICT ENFORCEMENT SQUAD.

TRUE COPY OF THE PROCEEDINGS DATED 12.06.2023 ISSUED BY THE TEAM LEADER OF THE SPECIAL EXHIBIT R3(C) ENFORCEMENT SQUAD NO.1 TO THE SECRETARY OF THE 3RD RESPONDENT PANCHAYAT.