Kerala High Court
Anish vs The State Of Kerala on 16 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C).No.38107 of 2025
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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. 38107 OF 2025
PETITIONER:
ANISH
AGED 39 YEARS
S/O SUNDHARAN, RESIDING AT PUNARVASU, CHITTUR
COLLEGE P O, PALAKKAD DISTRICT,, PIN - 678004
BY ADV SHRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT, OFFICE OF THE CHIEF SECRETARY,
GOVERNMENT OF KERALA , THIRUVANANTHAPURAM P O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE SECRETARY
TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
3 THE SECRETARY
TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
4 THE DISTRICT GEOLOGIST
OFFICE OF THE DISTRICT GEOLOGIST, MINING AND GEOLOGY
DEPARTMENT, TOWN BUS STAND COMPLEX, PALAKKAD
DISTRICT, PIN - 678001
W.P.(C).No.38107 of 2025
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5 ERUTHEMPATHY GRAMA PANCHAYATH
REPRESENTED BY THE SECRETARY, OFFICE OF THE
ERUTHEMPATHY GRAMA PANCHAYATH, PALAKKAD, PIN -
678555
6 THE SECRETARY
ERUTHEMPATHY GRAMA PANCHAYATH, OFFICE OF THE
ERUTHEMPATHY GRAMA PANCHAYATH, PALAKKAD DISTRICT,,
PIN - 678555
7 THE PRESIDENT
ERUTHEMPATHY GRAMA PANCHAYATH COMMITTEE,
ERUTHEMPATHYP O, PALAKKAD DISTRICT, PIN - 678555
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE, SRI NIRMALS, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.38107 of 2025
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P.V.KUNHIKRISHNAN
---------------------
W.P.(C).No.38107 of 2025
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Dated this the 16th day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Call for the records leading to Ext P14 and may be
pleased to issue a writ of Certiorari to quash the same.
ii) To exempt the petitioner from production of the
translated copies of the documents in vernacular
language.
iii) To pass any such or further orders as the petitioner
may seek and this Hon'ble Court deem fit to grant."
(SIC)
2. This writ petition is filed mainly challenging Ext.P14
notice issued by the Eruthempathy Grama Panchayath. As per
the above notice, the petitioner is directed to stop the
functioning of a granite building stone quarrying unit. The
petitioner submits that Ext.P14 is an unilateral decision by the
Panchayath, even without notice to the petitioner.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the Panchayath. I also
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heard the learned Government Pleader appearing for
respondents 1 to 4.
4. This Court perused Ext.P14. It would not show that it
is a decision taken by the Panchayath after giving an
opportunity of hearing to the petitioner. According to the
petitioner, he is having all statutory licences and permits from
all statutory authorities for conducting the unit. If that is the
case, I am of the considered opinion that Ext.P14 can be
treated as show cause notice and the petitioner can be allowed
to submit his objection to the same and there can be a
direction to the Panchayath to pass appropriate orders in it, in
accordance with law. Till then, Ext.P14 can be kept in
abeyance.
Therefore, this Writ Petition is disposed of with the
following directions:
a) Ext.P14 notice is treated as show cause notice
issued to the petitioner and the petitioner will
submit his objection to the same within three
weeks from the date of receipt of a certified copy
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of this judgment.
b) Once the objection is received, the 5 th
respondent Panchayath will consider the same
and pass appropriate orders in it, after giving an
opportunity of hearing to the petitioner, as
expeditiously as possible.
c) Till final orders are passed in the objection, all
further proceedings based on Ext.P14 shall be
kept in abeyance.
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
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APPENDIX OF WP(C) 38107/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AGREEMENT EXECUTED BY THE
PETITIONER ON THE ONE HAND AND OWNER OF THE
PROPERTY DATED 3.7.24
EXHIBIT P2 TRUE COPY OF THE FURTHER AGREEMENT EXECUTED
BY THE PETITIONER WITH THE ADJOINING LAND
OWNER DATED 3.7.24
EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED TO ELIZABETH DATED 23.5.25 BY THE
KOZHIPATHI VILLAGE OFFICER
EXHIBIT P4 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
ISSUED TO THE PETITIONER BEARING NO
197/Q/2022 DATED 27.10.22
EXHIBIT P5 TRUE COPY OF THE BANK GUARANTEE FURNISHED BY
THE PETITIONER TO THE GOVERNMENT DATED
26.5.25
EXHIBIT P6 TRUE COPY OF THE REQUEST OF THE PETITIONER
DATED 10.6.25
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION OF THE
DISTRICT GEOLOGIST TO THE PETITIONER DATED
21.5.18
EXHIBIT P8 TRUE COPY OF THE PERMISSION GRANTED BY THE
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT
OFFICE, PALAKKAD DATED 17.6.25
EXHIBIT P9 TRUE COPY OF THE DETAILS OF THE AMOUNTS
REMITTED BY THE PETITIONER TO THE MINING AND
GEOLOGY, DISTRICT OFFICE, PALAKKAD DATED
11.6.25
EXHIBIT P10 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD
DATED 23.6.23
EXHIBIT P11 TRUE COPY OF THE LICENSE ISSUED BY THE
MINISTRY OF COMMERCE AND INDUSTRY, PETROLEUM
AND EXPLOSIVE SAFETY ORGANIZATION DATED
5.6.23
EXHIBIT P12 TRUE COPY OF THE LICENSE ISSUED BY THE 6TH
RESPONDENT DATED 1.4.25
EXHIBIT P13 TRUE COPY OF THE REMITTANCES MADE BY THE
PETITIONER DATED 21.3.25
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EXHIBIT P14 TRUE COPY OF THE ORDER OF THE 6TH RESPONDENT
DATED 24.9.25
