Kerala High Court

Vishnu R vs Ambalappuzha South Grama Panchayath on 30 October, 2024

WP(C) No.18795/2024 1/4 Order Date : 30-10-2024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
WP(C) NO. 18795 OF 2024
PETITIONER:

VISHNU R, AGED 32 YEARS, S/O. RADHAKRISHNAN NAIR,KARTHIKA, KOMANA,
AMBALAPPUZHA P.O., ALAPPUZHA, PIN-688561

RESPONDENTS:

1. AMBALAPPUZHA SOUTH GRAMA PANCHAYATH, AMBALAPPUZHA, ALAPPUZHA
,REPRESENTED BY ITS SECRETARY, PIN-688561
2. THE SECRETARY, AMBALAPPUZHA SOUTH GRAMA PANCHAYATH,AMBALAPPUZHA,
ALAPPUZHA, PIN-688561
3. THE EXECUTIVE ENGINEER, MINI CIVIL STATION, PWD BUILDING DIVISION,
ALAPPUZHA, PIN-688001
4. THE CHIEF ELECTRICAL INSPECTOR, CANAL VIEW RESIDENCY, NEAR
KOCHUKADAPALAM, CCSB RD CIVIL STATION WARD, ALAPPUZHA, PIN-688012
5. THE DISTRICT TOWN PLANNER, DISTRICT PLANNING OFFICE, CIVIL STATION
WARD, ALAPPUZHA, PIN- 688001
6. DISTRICT MEDICAL OFFICER, GENERAL HOSPITAL ROAD, COMPOUND, CHUNGAM,
ALAPPUZHA, PIN-688011
7. THE DISTRICT FIRE OFFICER, FIRE AND RESCUE DEPARTMENT, BOAT JETTY
MULLACKAL P.O ALAPPUZHA, PIN-688011
8. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
ALAPPUZHA, PIN-688013
9. ANI VIJAYAN, 12, INDRAPRASTHAM, AMBALAPPUZHA EAST, ALAPPUZHA,
PIN-688561

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 give a direction to the 2nd respondent not to permit further
construction of the Cinema Hall by the 9th respondent, based on Ext.P4
permit, pending disposal of this Writ Petition (Civil).

This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
23-09-2024 and upon hearing the arguments of M/S. B.PRAMOD & ATHUL M.V.,
Advocates for the petitioner, M/S. R.RAJPRADEEP, BRIJESH MOHAN & SREEDEVI
S., Advocates for R1 & R2, GOVERNMENT PLEADER for R3 to R7 and of SRI.
S.SREEKUMAR (SENIOR.), along with M/S. MARTIN JOSE P, P.PRIJITH, THOMAS
P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, HARIKRISHNAN S., MANJUNATH MENON,
SACHIN JACOB AMBAT & ANNA LINDA EDEN, Advocates for R9, the court passed
the following:
WP(C) No.18795/2024 2/4 Order Date : 30-10-2024

MOHAMMED NIAS C.P, J.
---------------------------------------------
W.P.(C) No.18795 of 2024
&
W.P.(C) No.12094 of 2024
---------------------------------------------
Dated this the 30th day of October, 2024

ORDER

W.P.(C) No.18795 of 2024 alleged violation of the Kerala

Cinemas (Regulation) Act and the Rules. Specific pleadings are

taken in that regard in the amended writ petition. The counter

filed by the Panchayat does not deal with any of it. The Rules

specifically stipulates the stages/steps from the date of receipt of

the application under Section 6 of the Act in writing, under Form-A.

Two weeks' time is granted to the Panchayat to file a counter

answering the allegations raised against the permissions granted to

the party respondent. It is made clear that if a counter affidavit

dealing with the above is not filed, the writ petition has to be

proceeded as if there is no denial to the allegations raised.

Post on 15.11.2024 at 2.00 p.m.

Sd/-

MOHAMMED NIAS C.P. JUDGE DMR/-

WP(C) No.18795/2024 3/4 Order Date : 30-10-2024

APPENDIX OF WP(C) 18795/2024 Exhibit P-1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.11.2020 IN RESPECT OF THE 9TH RESPONDENT'S PROPERTY OF 8 ARES 8 SQ. METERS COMPRISED IN SURVEY NO. 328/3 OF AMBALAPPUZHA VILLAGE Exhibit P-2 A TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF 9TH RESPONDENT'S PROPERTY Exhibit P-3 A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 05.12.2020 SUBMITTED BY THE 9TH RESPONDENT TO THE 2ND RESPONDENT Exhibit P-4 A TRUE COPY OF THE PERMIT DATED 06.12.2021 ISSUED BY THE 2ND RESPONDENT TO THE 9TH RESPONDENT Exhibit P-5 A TRUE COPY OF THE PLAN OF THE PROPOSED CINEMA HALL SUBMITTED BY THE 9TH RESPONDENT AND APPROVED BY THE 2ND RESPONDENT Exhibit P-6 AN AERIAL PHOTOGRAPH SHOWING THE 9TH RESPONDENT'S PROPERTY AND ITS SURROUNDINGS Exhibit P-7 PHOTOGRAPH OF THE BUILDING BEING CONSTRUCTED BY THE 9TH RESPONDENT Exhibit P-8 A TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED TO THE 2ND RESPONDENT Exhibit P- 9 A TRUE COPY OF THE JUDGMENT DATED 07.12.2023 IN W. P.

Exhibit P-10 A TRUE COPY OF THE STOP MEMO DATED 19.01.2024 ISSUED BY THE 2ND RESPONDENT TO THE 9TH RESPONDENT Exhibit P-11 A TRUE COPY OF THE LETTER DATED 13.02.2024 ISSUED BY THE 2ND RESPONDENT TO THE 9TH RESPONDENT Exhibit P-12 A TRUE COPY OF THE ORDER DATED 14.02.2024 PASSED BY THE 2ND RESPONDENT Exhibit P-13 A TRUE COPY OF THE ORDER DATED 13.03.2024 OF THE 2ND RESPONDENT WITHDRAWING THE STOP MEMO Exhibit P-14 A TRUE COPY OF THE RTI APPLICATION DATED 08.05.2024 SUBMITTED BY THE ME TO THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT.

Exhibit P-15 A TRUE COPY OF THE REPLY DATED 05.06.2024 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT . Exhibit P-16 A TRUE COPY OF THE APPLICATION IN FORM A DATED 29.01.2024 SUBMITTED BY THE 9TH RESPONDENT. Exhibit P-17 A TRUE COPY OF THE RECEIPT DATED 20.03.2024 ISSUED TO THE 9TH RESPONDENT.

Exhibit P-18 A TRUE COPY OF THE PERMISSION GRANTED BY THE 2ND RESPONDENT IN FORM B TO THE 9TH RESPONDENT. Exhibit P-19 A TRUE COPY OF THE BYELAWS FOR CONSTRUCTION OF CINEMA BUILDINGS (IS 4878 OF 1968) PRESCRIBED BY THE BUREAU OF INDIAN STANDARDS.

Exhibit P-20 A true copy of the reply dated 20.07.2024 issued by the LSGD Exhibit P-21 A true copy of the judgment dated 05.10.2007 in W. P.

Exhibit R1(b) A true copy of the Structural Stability Certificate dated 24/01/2024 WP(C) No.18795/2024 4/4 Order Date : 30-10-2024

Exhibit R1(a) A true copy of the letter dated 13/05/2024 issued by the Executive Engineer to the 9th Respondent Exhibit R1(c) A true copy of the resolution of the 1st respondent panchayath dated 17/02/2024 EXHIBIT R9(c) True copy of letter dated 6-6-2024 issued by the 9th respondent to the District Medical Officer EXHIBIT R9(d) True copy of receipt of application for electrical approval EXHIBIT R9(e) True copy of fee paid receipt for application for electrical EXHIBIT R9(f) True copy of letter dated 12-4-2024 issued by the 2nd respondent to the Chief Electrical Inspector (excluding enclosures) EXHIBIT R9(g) True copy of NOC issued on 20-11-2021 by the Department of Fire and Rescue Services, Government of Kerala EXHIBIT R9(h) True copy of letter dated 2-5-2024 issued by the 9th respondent to the Executive Engineer PWD Buildings Division (without enclosures) EXHIBIT R9(b) True copy of permission in Form -B of the Kerala Cinema (Regulations) Rules, 1988 issued by the 2nd Respondent Secretary EXHIBIT R9(j) True copy of letter dated 23-5-2024 issued by the 9th Respondent to the 2nd Respondent (without enclosures) EXHIBIT R9(k) True coy of corrected building permit having No.A3- BA(306073)2021 dated 04-06-2024 EXHIBIT R9(l) True copy of application under the Right to Information Act, 2005 along with the reply obtained from Kumarakom Grama Panchayat EXHIBIT R9(m) True copy of application under the Right to Information Act, 2005 along with the reply obtained from Krishnapuram Grama Panchayat, EXHIBIT R9(n) True copy of application under the Right to Information Act, 2005 along with the reply obtained from Kayamkulam Municipality EXHIBIT R9(a) True copy of Application under Form-A prescribed under Rule 4 of the Kerala Cinemas (Regulation) Rules, 1988 submitted by the 9th Respondent before the 2nd Respondent Secretary (excluding the enclosures) EXHIBIT R9(i) True copy of reply dated 13-5-2024, issued by the Executive Engineer PWD to the 9th respondent (without enclosures