Kerala High Court
Kalarcode Venugopalan Nair vs State Of Kerala on 30 October, 2024
WP(C) No.12094/2024 1/5 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. 12094 OF 2024
PETITIONER(S):
KALARCODE VENUGOPALAN NAIR, AGED 61 YEARS, SREESADANAM,
SANATHANAPURAM P.O., KALARCODE, ALAPPPUZHA, PIN-688533
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2. THE AMBALAPPUZHA SOUTH GRAMA PANCHAYAT, REPRESENTED BY ITS
SECRETARY, PANCHAYAT OFFICE, AMBALAPPUZA, PIN-688561
3. *THE EXECUTIVE ENGINEER,* AMBALAPPUZHA SOUTH GRAMA PANCHAYAT,
PANCHAYAT OFFICE, AMBALAPPUZHA* CORRECTED AS THE EXECUTIVE ENGINEER,
MINI CIVIL STATION, PWD BUILDING DIVISION, ALAPPUZHA, PIN - 688013 (
AS PER ORDER DATED 21-06-2024 IN IA 1/24 IN WPC 12094/2024),
PIN-688561
4. CHIEF ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORATE ,2ND FLOOR,
HOUSING BOARD BUILDINGS,OPPOSITE FIRE STATION, SANTHI NAGAR,
PULIMOODU, THIRUVANANTHAPURAM, PIN - 695001
5. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL
BOARD,DISTRICT OFFICE, SNV SADHANAM, NEW CHATHANAD, HEAD POST
OFFICE, ALAPPUZHA, PIN-688801
6. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
KODATHIKAVALA, CHELTHALA,ALAPPUZHA DISTRICT, PIN-688524
7. DISTRICT FIRE OFFICER, FIRE AND RESCUE SERVICES,ALAPPUZHA,
PIN-688011
8. ANI VIJAYAN, INDRAPRASTHAM, TEMPLE ROAD, AMBALAPPUZHA EAST,
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 issue an interim direction restraining the 8th respondent from
proceeding with the construction of the theatre building in view of the
finding in Ext.P3, in the interest of justice.
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 SRI. KALARCODE VENUGOPALAN
NAIR,(Party-In-Person)for the petitioner, M/S. R.RAJPRADEEP, SREEDEVI
S.&BRIJESHMOHAN, Advocates for R2, SRI.S.SREEKUMAR(SENIOR.), along with
M/S.P.MARTIN JOSE,P.PRIJITH, THOMAS P.KURUVILLA, R.GITHESH, AJAY BEN JOSE,
MANJUNATH MENON, SACHIN JACOB AMBAT & HARIKRISHNAN S.,Advocates for R8,
WP(C) No.12094/2024 2/5 Order Date : 30-10-2024
the court passed the following:
WP(C) No.12094/2024 3/5 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.12094/2024 4/5 Order Date : 30-10-2024
APPENDIX OF WP(C) 12094/2024
Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 40973/2023
DATED 7-12-2023
Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED 1-1-2024
Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO
THE 8TH RESPONDENT DATED 14-2-2024
EXHIBIT R 8(h) True copy of the Order No: 400412/BAU01/GPO/2024/542/2
dated 13-3-2024,
EXHIBIT R8(a) True copy of the Building Permit No: A3-BA
(306073)/2021 dated 06-12-2021
EXHIBIT R8(b) True copy of the Application dated 12-04-2024 and
receipt
EXHIBIT R8(c) True copy of the e-challan receipt dated 04-04-2024
EXHIBIT R8(d) True copy of the receipt issued by the Chief Electrical
Inspector dated 17-4-2024
EXHIBIT R 8(e) True copy of letter dated 12-4-2024,issued by the
Secretary, Amabalappuzha South Grama Panchayat has
written to the Chief Electrical Inspector,
EXHIBIT R8(f) True copy of the No Objection Certificate dated
20-11-2021 issued by the Department of Fire and Rescue
Services,
EXHIBIT R8(g) True copy of the letter dated 9-3-2024
EXHIBIT R 8(i) true copy of the Order dated 5-4-2024, in IA No: 1 of
2024 in OS No: 178/2024 before the Munsiff Court,
Alappuzha
Exhibit R2(a) A true copy of the letter issued by the Chief Town
Planner, Thiruvananthapuram to the 2nd Respondent dated
30/01/2024
Exhibit R2(h) A true copy of the order dated 13/03/2024 issued by the
2nd Respondent to the 8th Respondent
Exhibit R2(b) A true copy of the reply of the 8th respondent dated
29/01/2024
Exhibit R2(c) A true copy of the letter issued by the Chief Town
Planner dated 30/01/2024
Exhibit R2(d) A true copy of the letter submitted by the 8th
Respondent to the Assistant Engineer, Electrical
Section, Ambalapuzha dated 22/01/2024
Exhibit R2(e) A true copy of the affidavit submitted by the 8th
Respondent dated 16/02/2024
Exhibit R2(f) A true copy of the letter of the Geologist dated
09/03/2024
Exhibit R2(g) A true copy of the Structural Stability Certificate
submitted by the 8th Respondent for the proposed cinema
theatre from a qualified structural engineer
Exhibit R8(j) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE WRIT
PETITIONER BEFORE THE TOWN PLANNER, DISTRICT TOWN
PLANNING OFFICER, ALAPPUZHA DATED 19-09-2024
Exhibit R8(k) TRUE COPY OF INSPECTION REPORT PREPARED BY THE LOCAL
SELF GOVERNMENT DEPARTMENT OBTAINED UNDER RIGHT TO
INFORMATION ACT, 2005
WP(C) No.12094/2024 5/5 Order Date : 30-10-2024
Exhibit R8(L) TRUE COPY OF THE APPLICATION SUBMITTED BY ME UNDER THE
RIGHT TO INFORMATION ACT, 2005 DATED 27-9-2024
ExhibitR8(M) TRUE COPY OF THE INVESTIGATION REPORT DATED 24-9-2024,
