Kerala High Court
Muhammed Faizal M vs Vallapuzha Grama Panchayat on 12 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:60594
WP(C) NO. 22182 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
WP(C) NO. 22182 OF 2025
PETITIONER:
MUHAMMED FAIZAL M
AGED 34 YEARS
S/O KHADAR, MANALIPALLIYALIL,
KONDURKKARA,ONGALLUR, PALAKKAD, PIN - 679313
BY ADVS.
SHRI.LATHEEF P.K.
SHRI.FAHAD HUSSAIN
RESPONDENTS:
1 VALLAPUZHA GRAMA PANCHAYAT
PANCHAYAT OFFICE BUILDING, VALLAPUZHA P.O,
PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN - 679336
2 THE SECRETARY
VALLAPUZHA GRAMA PANCHAYAT, PANCHAYAT OFFICE
BUILDING, VALLAPUZHA P.O, PALAKKAD DISTRICT, PIN -
679336
3 VILLAGE OFFICER
VALLAPUZHA VILLAGE OFFICE, VILLAGE OFFICE
BUILDING, VALLAPUZHA PO, PALAKKAD, PIN - 679336
4 THE KERALA STATE POLLUTION CONTROL BOARD
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WP(C) NO. 22182 OF 2025
2
PATTOM P.O, THIRUVANANTHAPURAM REPRESENTED BY ITS
SECRETARY, PIN - 695004
GOVERNMENT PLEADER SMT. JESSY S SALIM
SC SRI. T. NAVEEN
BY ADV SRI.K.I.ABDUL RASHEED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 22182 OF 2025
3
Dated this the 12th day of August, 2025
JUDGMENT
The writ petition is filed to quash Ext.P4 stop
memo and direct the 2nd respondent to issue the trade
license to enable the petitioner to operate his unit.
2. The petitioner proposes to commence a
plastic manufacturing unit in the building covered under
Ext.P2 building permit and Ext.P1 possession certificate.
The property is situated within the territorial limits of
the 1st respondent-Panchayat. The petitioner has
received Ext.P3 GST registration. While the petitioner
was in the process of installing the machinery, the 1 st
respondent issued Ext.P4 stop memo, directing the
petitioner to obtain consent from the 4 th respondent.
The petitioner has already obtained Ext.P5 consent from
the 4th respondent. The petitioner has invested
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approximately Rs.1/- crore to commence the business.
As the industry falls within the orange category, the
petitioner requires a trade license. Even though the
petitioner had submitted an application for trade license
on 5.5.2025, as evidenced by Ext.P6 acknowledgment,
the same has not been granted till date. Therefore, the
petitioner is entitled to a deemed license as provided
under Section 236(3) of the Kerala Panchayat Raj
Act,1994. Hence, Ext.P4 may be quashed and the 1 st
respondent may be directed to issue the trade license.
3. In the statement filed by the respondents 1
and 2, it is contended that Ext.P4 stop memo was issued
because the petitioner proposed business is in plastic
and materials causing health hazard. The petitioner was
informed that he could commence the unit after getting
the building construction regularised and obtaining
consent from the 4th respondent. The petitioner has now
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WP(C) NO. 22182 OF 2025
been granted permission to construct a building having
a plinth area of 59.9 Sq. Metres. However, the
petitioner has not produced the consent to operate
because in Ext.P5 consent to operate, a different
building number shown. The petitioner has been
permitted to process 100 kgs of plastic raw material and
100 kgs of plastic chips. The petitioner can continue the
operation after observing the conditions mentioned in
Ext.P5 consent.
4. Heard; the learned counsel for the petitioner,
the learned Standing Counsel for the respondents 1 and
2, the learned Government Pleader and the learned
Standing Counsel for the 4th respondent.
5. The learned counsel for the petitioner submits
that the only objection now raised in the statement filed
by the respondents 1 and 2 is that, in Ext.P5 consent
issued by the 4th respondent, the building number is
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WP(C) NO. 22182 OF 2025
shown as 10/214E instead of building No.10/214D. In
Ext.P8 consent to operate issued by the 4th respondent,
the door number is shown as 10/214/D. Therefore, the
petitioner has the requisite consent to operate the unit.
6. On a consideration of the facts and materials
on record, especially, Ext.P8 consent to operate, I do
not find any legal impediment in the 2nd respondent
considering the petitioner's application for license.
In the aforesaid circumstances, I allow the writ
petition, by directing the 2nd respondent to consider the
petitioner's application for license, keeping in mind
Ext.P8 consent to operate, in accordance with law and
as expeditiously as possible, at any rate, within two
weeks from the date of production of a copy of this
judgment, after affording the petitioner an opportunity
of being heard. It would be upto the petitioner to
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WP(C) NO. 22182 OF 2025
produce a copy of the writ petition and Ext.P8 document
before the 2nd respondent.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm12/8/2025
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WP(C) NO. 22182 OF 2025
APPENDIX OF WP(C) 22182/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 2ND
RESPONDENT, DATED 24-02-2025
Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT
ISSUED BY THE 1ST RESPONDENT, DATED 13-
10-2023
Exhibit P3 A TRUE COPY OF THE GST REGISTRATION
CERTIFICATE ISSUED BY THE GOVERNMENT OF
INDIA, DATED 21-02-2024
Exhibit P4 A TRUE COPY OF THE STOP MEMO ISSUED BY
THE 1ST RESPONDENT, DATED 14-02-2025
Exhibit P5 A TRUE COPY OF THE CONSENT ISSUED BY THE
4TH RESPONDENT, KERALA STATE POLLUTION
CONTROL BOARD DATED 24-03-2025
Exhibit P6 A TRUE COPY OF THE ACKNOWLEDGEMENT
ISSUED BY THE 1ST RESPONDENT REGARDING
THE APPLICATION SUBMITTED BY THE
PETITIONER FOR NEW IFTE& OS LICENSE,
DATED 05-05-2025
Exhibit P7 A TRUE COPY OF THE DETAILS FROM THE K-
SMART PORTAL SHOWING THAT THE
PETITIONER'S APPLICATION WAS VERIFIED,
DATED 16-05-2025
Exhibit P8 A TRUE COPY OF THE CONSENT ISSUED BY THE
4TH RESPONDENT STATE POLLUTION CONTROL
BOARD DATED 07-04-2025
