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Sudheer.S vs Nellanad Gramapanchayath
2025 Latest Caselaw 865 Ker

Citation : 2025 Latest Caselaw 865 Ker
Judgement Date : 10 July, 2025

Kerala High Court

Sudheer.S vs Nellanad Gramapanchayath on 10 July, 2025

Author: C.S.Dias
Bench: C.S.Dias
                                                2025:KER:50935
WP(C) NO. 21247 OF 2025

                                1




          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE C.S.DIAS

  THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947

                    WP(C) NO. 21247 OF 2025

PETITIONERS:

    1     SUDHEER.S
          AGED 45 YEARS
          S/O SAIFUDHEEN, SASIMANDIRAM, CHARUMKUZHI,
          ADDAYAMON.P.O, THIRUVANANTHAPURAM DISTRICT, PIN -
          695614

    2     THAJUDHEEN.A
          AGED 64 YEARS
          S/O ALIKANNU, THOPPIL HOUSE, ADAYAMON.P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695614

          BY ADVS.
          SHRI.AJITH KRISHNAN
          SRI.RENJITH THAMPAN (SR.)
RESPONDENTS:

    1     NELLANAD GRAMAPANCHAYATH
          REPRESENTED BY ITS SECRETARY, PANCHAYATHOFFICE,
          VENJARAMOOD.P.O, THIRUVANANTHAPURAM, PIN - 695607

    2     SECRETARY
          NELLANAD GRAMAPANCHAYATH PANCHAYATHOFFICE,
          VENJARAMOOD.P.O, THIRUVANANTHAPURAM, PIN - 695607

    3     ADDL.R3: RAHUL B.RAJ,
          S/O.DHARMARAJAN,GREESHMA BHAVAN, CHERUKOTTUKONAM,
          VINJARMOODU, THIRUVANANTHAPURAM -695607.
                                                2025:KER:50935
WP(C) NO. 21247 OF 2025

                                2

    4     ADDL.R4: BIJU T.S.,
          S/O.THANKAPPAN,PANDIYANCHIRA, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607.

    5     ADDL.R5: VAISHAK S.,
          S/O.SATHEESHAN,S.S.BHAVAN, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607.

    6     ADDL.R6: DEEPAK,
          S/O.BHUVENDRAN, DEEPAK BHAVAN, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607.

    7     ADDL.R7: SAINU CHANDIR,
          S/O.RAJAN,GEETHALAYAM, MAILAKUZHI, VINJARAMOODU,
          THIRUVANANTHAPURAM -695607.

    8     ADDL.R8 :SHIBIN U.S.,
          S/O.SHIVANNANDAN, MATHRUSMARANA, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607.

    9     ADDL.R9: AJAYAKUMAR,
          S/O.RAGHUMATHAN,KUMAR VILASAM, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607

    0     ADDL.R10: SATHEESHAN
          S/O.KRISHNAN, S.S.BHAVAN, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607.

   11     ADDL.R11: ARJUNAN,
          S/O.CHELLAPPAN, NELLIPALLY VEEDU, VINJARAMOODU,
          THIRUVANANTHAPURAM -695607.

   12     ADDL.R12: SUDARRSHAN,
          S/O.KESHAVAN,S.S.BHAVAN, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607.

   13     ADDL.R13: LIJU. S.,
          S/O.SATHEENA,UTHRADAM, VALIYAKATTAKKAL,
          VINJARAMOODU, THIRUVANANTHAPURAM -695607 *ADDL.R3
          TO R13 ARE IMPLEADED AS PER ORDER DATED 20.06.2025
          IN I.A.1/2025 IN WP(C)21247/2025.


          BY ADVS.
          SRI.M.H.HANIL KUMAR
                                                          2025:KER:50935
WP(C) NO. 21247 OF 2025

                                      3

             SHRI.KALEESWARAM RAJ



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   10.07.2025,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                         2025:KER:50935
WP(C) NO. 21247 OF 2025

                                    4



                           JUDGMENT

Dated this the 10th day of July, 2025

The petitioners are the partners of a hot tar mix

plant ('Plant', in short) situated in a property within the

territorial limits of the 1 respondent Panchayat. The st

petitioners have purchased the machinery costing more

than Rs. 5/- Crore to start the Plant. The petitioners

have obtained Ext.P6 consent to operate from the

Kerala State Pollution Control Board, Ext.P7

No-Objection Certificate from the Fire and Rescue

Station, and Ext.P8 license from the Factories and

Boilers Department. After the earlier rounds of

litigation, the petitioners submitted an application

before the 1st respondent on 21.06.2024 under Section

233 of the Kerala Panchayat Raj Act,1994 ('Act', in

short) for permission to install machinery to produce

bitumen macadam. But, by the impugned Ext.P11 2025:KER:50935 WP(C) NO. 21247 OF 2025

letter the Village Panchayat of the 1st respondent

rejected the application on the finding that the

functioning of the Plant may cause cancer and other

serious ailments to the people of the locality. Ext.P11

letter is unjustifiable and arbitrary.

2. The 1st respondent in their counter affidavit has

contended that the petitioners have an alternative

statutory remedy under the Act to challenge Ext. P11

letter. The petitioners have erected and are operating

the Plant since 2017, without obtaining any prior

permission from the 1 respondent. Even though the 1st st

respondent had issued a stop memo on 3.4.2017 to stop

the Plant and Village Panchayat dismissing the appeal

filed against the stop memo, the Tribunal for Local Self

Government Institutions ('Tribunal' for brevity) has

stayed the proposed action against the Plant. Even after

the passing of the stay order, the 1st respondent has

received numerous complaints from the people of the 2025:KER:50935 WP(C) NO. 21247 OF 2025

locality against the illegal operation of the Plant.

Accordingly, the 1st respondent again issued stop memos

to the petitioners. However, the said stop memos were

also stayed by the Tribunal in an appeal filed by the

petitioners. The petitioners have constructed several

buildings without obtaining a building permit. On

22.06.2024, the petitioners submitted Ext.R1(d)

application for the installation permit. As the application

was defective, the same was not considered by the

Panchayat. After that, the petitioners submitted an

application for a permit for a commercial building. On

finding that the petitioners have established the Plant

without any prior permission and that the Plant is

causing severe pollution in the locality, the Village

Panchayat, by Ext.R1(e) decision, rejected the

application. There is no illegality in the decision.

3. The respondents 3 to 13 in their counter

affidavit have stated that the plant is discharging 2025:KER:50935 WP(C) NO. 21247 OF 2025

contaminated water and causing excessive pollution in

the locality. The heavy vehicles plying to and from the

Plant are adversely affecting the respondents. The

findings of this Court in the inter-party judgments justify

Ext.R1(e) decision. Hence, the writ petition may be

dismissed.

4. Heard, Sri. Ranjith Thampan, the learned Senior

Counsel for the petitioners, assisted by Sri.Ajith

Krishnan, Sri. M.H. Hanil Kumar, the learned Standing

Counsel appearing for the respondents 1 and 2 and Sri.

S. Kaleeswaram Raj, the learned counsel appearing for

the party respondents.

5. Sri. Ranjith Thampan drew the attention of this

Court to sub-section (4) of Section 233 of the Act and

argued that, after the Act 14 of 2018 was incorporated in

the Act w.e.f., 20.10.2017, a Panchayat does not have the

power to refuse/reject an application for permission to

construct a factory and/or install machinery. As the 2025:KER:50935 WP(C) NO. 21247 OF 2025

petitioners have obtained the licenses and permissions

from the competent statutory authorities, the 1st

respondent ought to have allowed Ext.R1(d) application

with safeguards and conditions, if they felt it was

necessary. Instead, without any cogent material, the 2nd

respondent has issued Ext.P11 letter, by relying on

Ext.R1(e) decision of the Village Panchayat, on a

hypothetical assumption that the running of the factory

may cause cancer and other health problems to the

people of the locality. The 1st respondent has not

conducted any scientific study or considered the licenses

and permissions granted to the petitioners by the

competent statutory authorities to establish the Plant and

to install the machinery. Ext.P11 letter and Ext.R1 (e)

decision are liable to be set aside on the above grounds.

The scope and ambit of Act 14 of 2018 has to be

interpreted by this Court. The Plant has been functioning

since 2017, which is evidenced by the materials on 2025:KER:50935 WP(C) NO. 21247 OF 2025

record. The contentions now raised by the respondents

in their counter affidavits were not considered by the

Village Panchayat or the 2nd respondent in Exts.P11 and

R1(e) decisions. Therefore, the decisions are liable to be

quashed and the 2nd respondent may be directed to

reconsider the matter afresh, after adverting to the

contentions raised by the parties, especially the

implication of Act 14 of 2018.

6. The learned Standing Counsel for the respondents

1 and 2 argued that, the writ petition has to fail for the

reason that there is no challenge against Ext.R1(e)

decision passed by the Village Panchayat and Ext.P11

letter is only a covering letter issued by the 2 nd

respondent enclosing Ext.R1 (e) decision. The petitioners

have consciously not produced Ext.R1(e) decision,

assuming that this Court may comprehend the gravity of

the problem in the functioning of the Plant. Likewise,

since the buildings in the Plant were unauthorisedly 2025:KER:50935 WP(C) NO. 21247 OF 2025

constructed and were illegally functioning before the

incorporation of the Act 14 of 2018 in the Statute,

Section 233 (4) has no application in the case at hand.

Moreover, as the Plant is functioning in unauthorisedly

constructed buildings, the petitioners are not entitled to

an installation permit. Hence, the writ petition may be

dismissed.

7. Sri. Kaleeswaram Raj placed reliance on the

decision of this Court in Pavithran V.K.M and another v.

State of Kerala and others ((2009) 4 KLT 20 (FB) and

argued that, since Ext.R1(e) decision is referred to in

Ext.P11 letter, the petitioners ought to have challenged

Ext.R1(e). Therefore, it is only to be assumed that there

is no challenge against the said decision. Similarly, the

petitioners have an alternative and efficacious remedy

available under Article 276 of the Act to challenge the

impugned orders. In light of the law laid down by this

Court in R.Suresh Kumar v. State of Kerala and others 2025:KER:50935 WP(C) NO. 21247 OF 2025

(2024 SCC Online KER 5804), this Court may not

entertain this writ petition. He also contended that as the

Plant had started functioning before Act 14 of 2018, the

petitioners are not entitled to the benefit of the

amendment.

8. The 1st petitioner had started the Plant in 2017,

after getting Exts.P15 and P14 consent and permission

from the Kerala State Pollution Control Board and the

District Medical Officer, respectively. It is after the

commencement of the Plant, that the 2nd respondent had

issued Ext.P16 stop memo to the 1st petitioner. By

Ext.P18 order, the stop memo was stayed by the Tribunal.

Subsequently, another stop memo was issued by the 2 nd

respondent, which was also stayed by the Tribunal by

Ext.P29 order. It is during the pendency of the above

proceedings and other litigations that the petitioners

filed Ext.R1(d) application for installation permission

under Section 233 of the Act. But, by Ext.R1(e) decision, 2025:KER:50935 WP(C) NO. 21247 OF 2025

the Village Panchayat has rejected the application on the

ground that the Plant has been illegally functioning and

has caused health problems to the people of the locality.

Furthermore, the petitioners' application for a building

permit was also declined because the petitioners had

obtained a possession certificate for the property by a

court order, and the case was still pending, and also,

numerous people in the locality have contracted various

diseases. By Ext.P11 order, the 2nd respondent

communicated Ext.R1 (e) decision to the petitioners

9. The learned Senior Counsel for the petitioners

contends that, in light of sub-section (4) of Section 233 of

the Act, which came into effect from 20.10.2017, as per

Act 14 of 2018, the 1 st respondent is not empowered to

reject an application submitted under Section 233.

10. It is apposite to refer to Section 233 of the Act,

which reads as follows:-

67[(1)] No person shall, without the permission of the Village Panchayat and except in accordance with the conditions specified in such permission, -

2025:KER:50935 WP(C) NO. 21247 OF 2025

(a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power or other mechanical power or electrical power; or

(b) install in any premises any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by the 68[provisions of this Act or the rules made thereunder].

69[(2) An application for permission under sub-section (1) shall be submitted to the Village Panchayat addressed to the Secretary 69A[or officer authorized by the Secretary] in such form and with such details as prescribed.

69A[(2A) The Secretary or officer authorized by him shall, issue an acknowledgement to the applicant, on receipt of application along with the supporting documents in the form, as may be prescribed, and shall verify the application and all supporting documents on the spot itself, and if any supporting document is not found attached along with the application, the Secretary or officer authorized by him shall, immediately inform the applicant in writing the list of missing documents and allow the applicant to submit the missing documents as early as possible, but not later than five days from the date of receipt of application.] 69B[(3) the Secretary or the officer authorised by him shall, as soon as may be, after the receipt of the application enquire and report to the Village Panchayat as to whether the establishment of the factory, workshop or workplace or other installation of machinery or manufacturing plant for which permission is applied for is objectionable by reason of density of population in the neighbourhood and possibility to cause nuisance or pollution and the Village Panchayat, after having considered the application and the reports of the Secretary and of such other authorities as specified in sub-section (4) may, as expeditiously as possible, within thirty days, grant the permission either absolutely or subject to such conditions as it thinks fit to impose.]

(4) Before granting 69C[x x x x] permission under sub- section (3), the 69D[Secretary], shall obtain and consider.

(a) a report of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948) or of an officer of the Industries Department not below the rank of an Industries Extension Officer having jurisdiction over the area regarding the adequacy of ventilation, light etc. and sufficiency of the height and size of the rooms and doors and the suitability of exists to be used in case of fire in the plan of factories, workshop, workplace 2025:KER:50935 WP(C) NO. 21247 OF 2025

or premises if they came within the purview of the Factories Act, 1948 (Central Act 63 of 1948) and such other matters as may be prescribed :

(b) a report of the District Medical Officer 69A [in case the applicant is a hospital, clinic, para-medical institution, clinical laboratories or other healthcare institution,] regarding the possibility of nuisance or pollution if the connected load of the machinery proposed to be installed exceeds 25 HP or if the nature of the machinery and installation are such that it may cause nuisance or pollution; and

(c) a report of the Divisional Fire Officer or any other officer authorised by him regarding the adequacy of fire prevention and fire fighting measures planned if the proposed industry involves the use of high tension power or inflammable or explosive materials:

provided that, no report under clause (b) shall be called for in respect of any industry if the applicant produces a declaration recommended by an officer of the Industries Department authorised in this behalf or by the Kerala State Pollution Control Board to the effect that such industry would not cause pollution.

(5) The grant of permission under this section,--

(a) Shall be subject to the conditions to be observed in respect of the replacement of machinery the levy of fees and to such restrictions and conditions as may be prescribed;

(b) Shall not be deemed as exempted from observing the provisions contained in section 235 (F) and 235 (H) or 235 (P) and 235 (Q)] 69A[(6) If any order, on an application for permission under this section is not communicated to the applicant within thirty days from the date of receipt of application by the Secretary, the application shall be deemed to have been allowed for the period required in the application subject to the Act, rules and bye laws and all conditions which would have been imposed and if any violation is noticed later,the Secretary shall have the power to cancel the licence after giving a show cause notice to the applicant stating the reason for such cancellation and after examining the submission if any, made within the time specified in the said notice and on such cancellation the Secretary may impose a penalty on the applicant for an amount not exceeding rupees five lakhs.]

67. Original Section 233 renumbered as sub-section (1) of that section by ibid.

68. Substituted for the words "rules" by Act 13 of 1999, w.e.f.

24/03/1999.

2025:KER:50935 WP(C) NO. 21247 OF 2025

69. Sub-sections (2) (3) (4) & (5) added by Act 13 of 1999, w.e.f. 24/03/1999.

69A. Inserted by Act 14 of 2018 (w.e.f. 20/10/2017). 69B. Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). 69C. Omitted by Act 14 of 2018 (w.e.f. 20/10/2017). Prior to the amendment it read as "or refusing".

69D. Substituted by Act 14 of 2018 (w.e.f. 20/10/2017). Prior to the amendment it read as "Village Panchayat".

11. A reading of above extracted provision

substantiates that, the Secretary, on receiving an

application to establish a factory/install machinery, has

to conduct an enquiry under sub-section (3) of Section

233 and then submit a report to the Village Panchayat

regarding any objection based on the density of the

population or if it would cause any nuisance or

pollution to the people. Then, the Village Panchayat

has to grant permission either absolutely or

conditionally as it thinks fit. Before granting

permission, the Secretary shall obtain and consider

reports from the statutory authorities mentioned under

sub-section (4) of Section 233.

12. It is pertinent to note that, by Act 14 of 2018, the

words "or refusing" have been consciously omitted by the 2025:KER:50935 WP(C) NO. 21247 OF 2025

legislature from the erstwhile sub-section (4) of Section

233 of the Act. Thus, it is to be inferred and understood

that an application filed under Section 233 has to be

absolutely or conditionally allowed and cannot be

rejected.

13. In the case at hand, Ext.R1 (d) application,

though said to be not considered in the counter affidavit,

is rejected by Ext.R1(e) decision and Ext.P11 letter

principally for the reason that the functioning of the Plant

would cause health problems to the people of the locality.

This finding is based on assumptions and conjectures,

and prima facie without considering the impact of Act 14

of 2018. The decision-making process stands vitiated

because it is without following the procedure

contemplated under Section 233 of the Act and without

considering the reports of the competent statutory

authorities.

14. On a consideration of the facts and the 2025:KER:50935 WP(C) NO. 21247 OF 2025

materials on record, and that the above pertinent

questions were not considered by the respondents 1 and

2 before the passing of the impugned orders, I am

convinced that the alternative statutory remedy is not

efficacious and this is a fit case to exercise the

discretionary powers of this Court under Article 226 of

the Constitution of India, also particularly since the

decision-making process is erroneous. Accordingly, I hold

that the 2nd respondent has to consider Ext.R1(d)

application afresh, after considering the scope and

purport of the above provision and the materials on

record.

In the aforesaid circumstances, I allow the writ

petition by quashing Ext.R1(e) decision and the

consequential Ext.P11 letter, and directing the Secretary

to reconsider Ext.R1(d) application afresh as per the

procedure laid down under Section 233, after adverting

to the contentions of the parties. The petitioners are 2025:KER:50935 WP(C) NO. 21247 OF 2025

permitted to produce the entire pleadings in this writ

petition before the 2nd respondent with a copy of this

judgment. The respondents 1 and 2 are directed to

reconsider Ext.R1(d) application, in accordance with law

and as expeditiously as possible, at any rate, within 60

days from the date of production of a copy of this

judgment. The parties are permitted to file their written

submissions with the supporting materials before the

Village Panchayat, who in turn shall reconsider the

matter, untrammelled by any observations made by this

Court in this judgment.

The writ petition is ordered accordingly.

SD/-

C.S.DIAS, JUDGE

rmm/10/7/2025 2025:KER:50935 WP(C) NO. 21247 OF 2025

APPENDIX OF WP(C) 21247/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 03.05.2025 ISSUED TO MURALEEDHARAN NAIR Exhibit P2 TRUE COPY OF THE OCCUPANCY CERTIFICATE/USE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 03.05.2025 Exhibit P3 TRUE COPY OF THE CONSENT LETTER ISSUED BY SRI. VISHNU TO THE PETITIONERS DATED 07.05.2025 Exhibit P4 . TRUE COPY OF THE INVOICE DATED 25.03.2022 ISSUED TO 1ST APPELLANT THAJUDHEEN Exhibit P5 TRUE COPY OF THE LETTER/CERTIFICATE ISSUED BY AMMAN INDIA PRIVATE LIMITED TO THE PETITIONER DATED 07.06.2024 Exhibit P6 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER DATED 13.03.2023 Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT STATION OFFICER, FIRE AND RESCUE STATION, VENJARAMOOD TO THE PETITIONERS DATED 10.02.2025 Exhibit P8 TRUE COPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS DATED 25.09.2024 Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.A.NO.

1244/2024 DATED 07.10.2024 Exhibit P10 TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT MEDICAL OFFICER (HEALTH) DATED 06.02.2025 Exhibit P11 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 30.5.2025 OF THE 2ND RESPONDENT RESPONDENT EXHIBITS

Exhibit R3(a) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

23320/2024 DATED 09.08.2024 PASSED BY THE HON'BLE HIGH COURT OF KERALA.

Exhibit R3 (b) TRUE COPY OF THE ORDER NO. C2-1448/2024- 2025:KER:50935 WP(C) NO. 21247 OF 2025

GME ISSUED BY THE DISTRICT MEDICAL OFFICER DATED 24.05.2024.

Exhibit R3 (c) TRUE COPY OF THE LETTER ISSUED BY THE HEALTH INSPECTOR FAMILY HEALTH CENTRE, VAMANAPURAM TO THE 4 TH RESPONDENT DATED 27.06.2024.

RESPONDENT EXHIBITS

Exhibit R 1 [ b ] A true copy of the letter issued by the Secretary of Nellanad Grama Panchayat dated 22..6..2024 Exhibit R 1 [ c ] A true copy of the judgment reported in 2024 KHC Online 1325 Exhibit R 1 [ d ] A true copy of the relevant pages of application dated nil Exhibit R 1 [ e ] A true copy of the decision of the Nellanad Grama Panchayath committee dated

22..5..2025 Exhibit R 1 [ a ] A true copy of Photographs of the hot mix plant Exhibit R 1 [ f ] A true copy of the complaint dated

6..3..2017 Exhibit R 1 [ g ] A true copy of the stop memo dated 3.4.2017 issued to Sudheer S by the Nellanad Grama Panchayat Exhibit R 1 [ h ] A true copy of the relevant pages of Appeal dated 10..05..2017 Exhibit R 1 [ i ] A true copy of the decision of Nellanad Grama panchayat dated 10.5.2017 Exhibit R 1 [ j ] A true copy of the letter issued by Secretary of Nelland Grama Panchayat dated 11.5..2017 Exhibit R 1 [ k ] A true copy pf the order passed by Honourable Tribunal for Local Self Government Institution dated 16.5.2017 in I.A. No. 858 of 2017 in Revision Petition

PETITIONER EXHIBITS

Exhibit P12 True copy of letter dated 09.02.2017 of the Secretary to the Pollution Control Board Exhibit P13 True copy of letter dated 09.02.2017 of 2025:KER:50935 WP(C) NO. 21247 OF 2025

the Secretary to the District Medical Officer Exhibit P14 True copy of the letter dated 17.04.2017 of District Medical Officer to the Secretary of the panchayath Exhibit P15 True copy of the consent to operate issued by the Pollution control Board dated 04.05.2017 Exhibit P16 True copy of letter dated 03.04.2017 issued by the Secretary of the panchayath to Sudheers S Exhibit P17 True copy of letter dated 11.05.2017 along with resolution dated 10.05.2017 of the panchayath Exhibit P18 True copy of the stay order dated 16.05.2017 passed by the Tribunal for Local Self Government Institutions in IA.858/2017 in Revision

Exhibit P19 True copy of letter dated 29.05.2017 issued by the panchayath to Sudheer Exhibit P20 True copy of the judgment in WP(c).No.20228/2017 dated 28.06.2017 Exhibit P21 True copy of application dated 28.01.2018 for permission under Sec. 233 of the Panchayath Raj Act for establishment of the unit Exhibit P22 True copy of D and O license application dated 24.01.2018 submitted before the panchayath Exhibit P23 True copy of the acknowledgment of registration for firms dated 04.06.2022 issue dby Department of Registration to N and T Tar Hotmix plant Exhibit P24 True copy of the rent agreement executed between the owners of the property namely Vishnu and Geetha Rani and petitioners dated 20.04.2022 Exhibit P25 True copy of stop memo dated 16.06.2022 issued by the panchayath Exhibit P26 True copy of the consent to establish issued by the Kerala State Pollution control Board dated 25.07.2022 Exhibit P27 True copy of stop memo dated 24.01.2023 2025:KER:50935 WP(C) NO. 21247 OF 2025

issued by the Panchayath Exhibit P28 True copy for acknowledgment receipt issued by the panchayath dated 30.06.2022 Exhibit P29 True copy of order in IA 436/2023 in Appeal 157/2023 dated 18.03.2023 of the Tribunal for Local Self Government Institutions Exhibit P30 True copy order dated 13.3.2023 of the Pollution Control Board Exhibit P31 True copy of application for license dated 21.06.2024 submitted by the petitioner Exhibit P32 True copy of the acknowledgment certificate dated 25.6.2024 issued by Department of Industries and Commerce Exhibit P33 True copy of building tax receipt dated 06.05.2025 issued by the Nellanad Gramapanchayath Exhibit P34 True copy of sanitary certificate dated 23.6.2025 issued by the Health Inspector Vamanapuram Health Centre Exhibit P35 True copy of proceedings of Taluk Land Board, Nedumangad, No.K2-76486/92 dated 30.06.2012 along with typed copy

 
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