Kerala High Court
Ajims. M.M vs State Of Kerala on 24 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 5810 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 5810 OF 2025
PETITIONER:
AJIMS. M.M.,
AGED 54 YEARS
SON OF MAITHEEN,MATTAKOMBIL HOUSE, METHALA P.O,
KURUPPAMPADY VIA, ERNAKULAM DISTRICT, PIN - 683545
BY ADVS.
SRI.PEEYUS A.KOTTAM
SHRI.ANTO GEOGY
SMT.EMIL HANNA THOMAS
SHRI.AJAY SANKAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 RAYAMANGALAM GRAMA PANCHAYATH,
REP. BY ITS SECRETARY, 3GM9+RR6, KEEZHILLAM -
KURICHILACODE ROAD, RAYAMANGALAM, KERALA, PIN -
683545
3 SECRETARY,
RAYAMANGALAM GRAMA PANCHAYATH, 3GM9+RR6, KEEZHILLAM
- KURICHILACODE ROAD, RAYAMANGALAM, KERALA, PIN -
683545
4 ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
WP(C) NO. 5810 OF 2025
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OFFICE (ERNAKULAM - II) PMC 20/733, PERUMBAVOOR, PIN
- 683542
5 STATION OFFICER,
FIRE AND RESCUE DEPARTMENT, IRINGOL P.O,PERUMBAVOOR,
PIN - 683548
6 M/S. RAS PLYWOOD AND BOARDS,
RAYAMANGALAM, NANGELIPADY, PULLUVAZHY P.O. REP. BY
ITS MANAGING PARTNER SHAJI SALIM, PIN - 683541
7 SHAJI SALIM,
PALATHINKAL HOUSE, KADUVAL, OLD VALLOM ROAD,
PERUMBAVOOR, PIN - 683542
8 RAFEEK V.A.,
SON OF ABDUL RAHIMAN, VALANGOTTIL HOUSE,
MAVINCHUVADU, MUDIKKAL P.O, PARTNER M/S. RAS PLYWOOD
AND BOARDS, PIN - 683541
ADDL.R9 INSPECTOR OF FACTORIES & BOILERS GRADE-I,
PERUMBAVOOR, HEAD QUARTERS ALUVA, ERNAKULAM DISTRICT
ADDL.R9 IS IMPLEADED VIDE ORDER DATED 24-02-2025 IN
IA1/25 IN WP(C)5810/25
BY ADVS.
SHRI.MANOJ RAMASWAMY
SHRI.SHIBU JOSEPH
SHRI.G.SREEKUMAR (CHELUR)
SHRI. SAYED MANSOOR BAFAKHY THANGAL
SHRI.SARATH VISWANATHAN
SMT.HAIRA
SHRI.AMAN MANZOOR
SMT.VRINDA BABU
SRI.D.KISHORE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5810 OF 2025
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P.V.KUNHIKRISHNAN, J.
---------------------
W.P.(C).No.5810 of 2025
---------------------------
Dated this the 24th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Call for the entire records leading to Ext-P7 order
and quash the same by issuing a writ of certiorari or
any other appropriate writ, order or direction;
ii) Issue a writ of mandamus or any other appropriate
writ, order or direction and thereby command the
Panchayath Secretary to take immediate steps to stop
the functioning of the factory which is being carried in
an illegal manner without complying mandatory
procedural requirements and causing danger to the
life of the employees and public and also in violation of
Section 235 AA of the Kerala Panchayath Raj Act,
1994;
iii) Grant such other relief which are just and
necessary for the interest of Justice.
&
iv) To dispense with production of English translation
of documents." (SIC)
2. When this writ petition came up for consideration
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along with the connected case before this Court originally on
29.05.2025, this Court passed the following order:-
"Admitted.
2. Pursuant to the order dated 24.2.2025, the
3rd respondent in W.P.(C) No.2356/2025 has
passed Ext.P8 stop memo, directing the party
respondents to stop functioning their factories.
3. It is submitted that, despite Ext.P8 order, the
party respondents are continuing to function
their factories.
4. In light of the above submission, the 2 nd
respondent shall, through the jurisdictional
Revenue Divisional Officer ensure that Ext. P8
order is implemented in its letter and spirit.
5. The respondents would be at liberty to file
their counter affidavits, if any.
Post on 30.6.2025."
3. Thereafter, when this writ petition came up for
consideration on 30.06.2025 along with the connected case,
this Court observed that, in the light of Ext.R11(p) order passed
by the Tribunal for Local Self Government Institutions,
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Thiruvananthapuram, dated 24.06.2025, the common interim
order dated 29.05.2025 stands vacated.
In such circumstances, admittedly, the issue raised in
this writ petition is pending before the Tribunal for Local Self
Government Institutions, Thiruvananthapuram as R.P.No.44 of
2025. If that is the case, this writ petition need not be retained
here. All the contentions of the petitioner and party
respondents are left open and they can raise all their
contentions before the Tribunal, in accordance with law.
With the above observations, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 24/10/25
Judgment dictated 24/10/25
Draft Judgment placed 24/10/25
Final Judgment uploaded 27/10/25
WP(C) NO. 5810 OF 2025
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APPENDIX OF WP(C) 5810/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE REPLY NO. C-625/24
DATED 02.12.2024 OBTAINED FROM THE FIRE
AND RESCUE DEPARTMENT ISSUED BY THE
STATION HOUSE OFFICER, FIRE AND RESCUE
DEPARTMENT, PERUMBAVOOR
EXHIBIT P2 TRUE COPY OF THE REPLY GIVEN BY THE
STATION HOUSE OFFICER, FIRE AND RESCUE
DEPARTMENT, PERUMBAVOOR NO. C-631/24 DATED
02.12.2024
EXHIBIT P3 THE TRUE COPY OF THE LETTER DATED
26.11.2024 ISSUED TO THE SECRETARY,
RAYAMANGALAM GRAMA PANCHAYAT BY THE FIRE
AND RESCUE DEPARTMENT
EXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED
19.12.2024 ISSUED BY THE PANCHAYATH
OBTAINED UNDER RIGHT TO INFORMATION ACT
EXHIBIT P5 THE TRUE COPY OF ORDER BEARING NO. SC3 -
6753/24 DATED 30.12.2024 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE INTERIM ORDER PASSED
IN W.P.(C) 2356/2025 DATED 28.01.2025
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED
10.01.2025 ISSUED BY THE SECRETARY,
RAYAMANGALAM GRAMA PANCHAYATH, ORDERING TO
KEPT IN ABEYANCE EXT-P5 ORDER
EXHIBIT P8 THE TRUE COPY OF THE ORDER IN I.A. 2/2024
IN (ARB) 1/2024 OF COMMERCIAL COURT,
PERUMBAVOOR
EXHIBIT P9 THE TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT DATED 24.08.2022 IN
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 25L.01.2025
ISSUED BY INSPECTOR OF FACTORIES AND
BOILERS, PERUMBAVOOR TO 7TH RESPONDENT
SHAJI SALIM
EXHIBIT P11 TTHE TRUE COPY OF THE LETTER DATED
02.12.2024 ISSUED BY THE 5TH RESPONDENT
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EXHIBIT P12 THE TRUE COPY OF THE LETTER DATED
01.02.2025 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE ORDER ISSUED BY THE 3RD
RESPONDENT/SECRETARY, RAYAMANGALAM GRAMA
PANCHAYATH BEARING NO. S.C.3-6753 DATED
15.03.2025
