Citation : 2025 Latest Caselaw 9769 Ker
Judgement Date : 16 October, 2025
W.P.(C).No.36862 of 2025
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2025:KER:77128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
WP(C) NO. 36862 OF 2025
PETITIONER:
M/S WILLMORE PLYWOODS
AGED 38 YEARS
MUVATTUPUZHA P.O,KIZHAKKEKKARA,ERNAKULAM,REPRESENTED
BY ITS MANAGING PARTNER JIBIN C .A ,S/O.ABDUL
KHADER,CHELAPPILLY (H)MUDICKAL P.O
MAVINCHUVADU,PERUMBAVOOR,ERNAKULAM., PIN - 683547
BY ADVS.
SMT.BHANU THILAK
SHRI.S.R.PRASANTH
SHRI.VISHNU.R
SMT.POOJA N.S.
SMT.AISWARYA KRISHNAN
RESPONDENT:
AVOLY GRAMA PANCHAYAT
REPRSENTED BY ITS SECRETARY OLD SH, AVOLY,
MUVATTUPUZHA,ERNAKULAM, PIN - 686677
BY ADV SRI.P.M.SANEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.36862 of 2025
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P.V.KUNHIKRISHNAN
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W.P.(C).No.36862 of 2025
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Dated this the 16th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"A. Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing Exhibits P11 & P12 notices issued by the respondent.
B. Issue a direction to the respondent to consider and pass appropriate orders on the representation dated 23-09-2025 (Exhibit P16) submitted by the Petitioner, within a time frame fixed by this Hon'ble Court; C. Issue a writ in the nature of mandamus directing the respondent Panchayat to consider and dispose of Ext.P15 and P16 within a time frame and direct the Panchayat not to proceed with Ext. P12 until the disposal of Ext. P15 and P16.
D. grant such other reliefs and cost as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." (SIC)
2. When this writ petition came up for consideration on
09.10.2025, this Court passed the following order:-
"Admitted.
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2. The learned Standing Counsel takes notice for the respondent. He submits that the petitioner has already submitted a regularization application based on which an inspection was conducted. However, certain defects were noted. The petitioner has been directed to cure the defects. At present, the respondent has no intention to take any coercive proceedings against the petitioner's establishment. The said submission is recorded.
3. The respondent may file their statement/counter affidavit, if any.
Post on 16.10.2025"
3. Now the learned counsel for the Panchayath
submitted that the petitioner is not approaching the
Panchayath for the purpose of processing the regularisation
application. If that is the case, I think this writ petition can be
disposed of.
Therefore, this writ petition is disposed of with the
following directions:
a) The petitioner shall do the needful to process
the regularisation application within two weeks
from the date of receipt of a certified copy of this
judgment.
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b) The Panchayath will consider the
regularisation application, as expeditiously as
possible, at any rate, within six weeks from the
date of receipt of a certified copy of this
judgment.
c) Till then no coercive steps shall be taken
against the petitioner's establishment.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng Judgment reserved NA Date of Judgment 16/10/25 Judgment dictated 16/10/25 Draft Judgment placed 16/10/25 Final Judgment uploaded 17/10/25 2025:KER:77128 APPENDIX OF WP(C) 36862/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GST REGISTRATION CERTIFICATEWITH REGISTRATION NUMBER :32AAEFW1821F1ZM DATED 14-06-2023 Exhibit P2 TRUE COPY OF THE CERTIFICATE OF STABILITY ISSUED UNDER THE FACTORIES ACT, BY THE COMPETENT PERSON DEPARTMENT OF FACTORIES & BOILERS DATED 19-01-2024 Exhibit P3 TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER DATED 09-05-2023 Exhibit P4 TRUE COPY OF THE FACTORY PLAN APPROVAL ORDER ISSUED TO THE PETITIONER DATED 08- 05-2023 Exhibit P5 TRUE COPY OF THE LICENCE FOR SAW MILL OR OTHER WOOD BASED INDUSTRIAL UNIT ISSUED TO THE PETITIONER BY DIVISIONAL FOREST OFFICER, KOTHAMANGALAM DATED 14-03-2024 Exhibit P6 TRUE COPY OF THE TRADE LICENSE ISSUED BY THE RESPONDENT/AVOLY GRAMA PANCHAYAT TO THE PETITIONER DATED 24-04-2024 Exhibit P7 TRUE COPY OF THE LICENSE FROM DEPARTMENT OF FACTORIES AND BOILERS ISSUED TO THE PETITIONER DATED 21-02-2024 Exhibit P8 TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER DATED 22-02-2024 Exhibit P9 TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT DATED 10-06-2025 Exhibit P10 TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT DATED 25.08.2025 Exhibit P11 TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT DATED 25.08.2025 Exhibit P12 TRUE COPY OF THE RECEIPT OF PERMIT APPLICATION FEE ISSUED BY THE RESPONDENT DATED 19-09-2025 Exhibit P13 TRUE COPY OF THE ACKNOWLEDGMENT EVIDENCING THE FILING OF THE REGULARIZATION
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APPLICATION ISSUED BY THE RESPONDENT DATED 22-09-2025 Exhibit P14 TRUE COPY OF THE SITE PLAN OF THE PETITIONERS UNIT SUBMITTED ALONG WITH THE REGULARIZATION APPLICATION Exhibit P15 TRUE COPY OF THE REGULARIZED EXTENSION COMPLETION PLAN OF THE PETITIONERS UNIT SUBMITTED ALONG WITH THE REGULARIZATION APPLICATION Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 23- 09-2025 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT
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