Kerala High Court
Nizarudheen vs State Of Kerala on 9 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025/18TH BHADRA, 1947
WP(C) NO. 29169 OF 2024
PETITIONER:
NIZARUDHEEN
AGED 48 YEARS
SON OF ABDUL SALAM ZEENA MANZIL,
CHATHINAMKULAM, CHANDANATHOPE P.O,
KOTTAMKARA VILLAGE, PIN - 691014
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695001
2 SUPERINTENDENT OF POLICE, KOLLAM
DISTRICT POLICE HEADQUATER, KOLLAM, RURAL,
KOTTARAKKARA, KERALA, PIN - 691506
3 STATION HOUSE OFFICER, EZHUKONE
EZHUKONE POLICE STATION KOLLAM,
EZHUKONE - NEDUMANKAVU ROAD,
KERALA, PIN - 691505
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4 PRADEEP KUMAR
AGED 58 YEARS
SON OF MURALEEDHARAN PULARISERYIL,
THALAVOORKONAM P.O KOTTARAKARA,
PIN - 691506
5 RAJAN S
SON OF SUKUMARAN THALAVOOR
KUZHIMATIKAVALA P.O KAREEPARA,
PIN - 691509
BY ADVS.
SRI.KALEESWARAM RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
SMT.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2025, ALONG WITH WP(C).32716/2024 AND
THE COURT ON 09.09.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025/18TH BHADRA, 1947
WP(C) NO. 32716 OF 2024
PETITIONERS:
1 PRADEEP KUMAR,
AGED 56 YEARS
S/O.MURALI MANOHAR, PULLANISSERIL,
THALAVOOR KONAM, KUZHIMATHICAUD P.O.
KOTTARAKARA, KOLLAM DISTRICT,
PIN - 691509
2 RAJEEV S.,
AGED 48 YEARS
S/O.SUKUMARAN K, RAJU MANDIRAM,
THALAVOOR KONAM, KUZHIMATHICAUD P.O.
KOTTARAKARA, KOLLAM DISTRICT,
PIN - 691509
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.THULASI K. RAJ
SMT.APARNA NARAYAN MENON
SMT.CHINNU MARIA ANTONY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
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THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY TO GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
3 KAREEPRA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
GRAMA PANCHAYAT KARYALAYAM,
KAREEPRA VILLAGE, KOLLAM,
PIN - 691509
4 NIZARUDHEEN,
AGED 48 YEARS
S/O.ABDUL SALAM ZEENA MANZIL,
CHATHINAMKULAM, CHANDANATHOPE P.O.
KOTTAMAKARA VILLAGE,
KOLLAM, PIN - 691014
BY ADVS.
SRI.M.R.SASITH
SRI.PEEYUS A.KOTTAM
SMT.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2025, ALONG WITH WP(C).29169/2024 AND
THE COURT ON 09.09.2025 DELIVERED THE FOLLOWING:
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CR
N. NAGARESH, J.
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W.P.(C) Nos.29169 and 32716 of 2024
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Dated this the 9th day of September, 2025
JUDGMENT
~~~~~~~~~
W.P.(C) No.29169/2024 has been filed by
the petitioner, who is constructing a plywood factory in his
property. The petitioner seeks to command the police to
provide adequate police protection to the petitioner, his
employees and vehicles coming to the petitioner's factory
premises for carrying the construction work as per Ext.P1
Building Permit without any hindrance or obstructions from
respondents 4 and 5 and their men.
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2. W.P.(C) No.32716/2024 has been filed by
the said respondents 4 and 5 seeking the following reliefs:
(i) To strike down Section 191(4) of the Kerala
Panchayat Raj Act, 1994 as unjust, illegal and
unconstitutional;
(ii) To declare that Section 191(4) of the
Kerala Panchayat Raj Act, 1994 is not to be invoked
for the purpose of constructing of the plywood factory
owned by the 4th respondent as mentioned in Ext.P1
in Kareepra Grama Panchayat;
(iii) To issue a writ of certiorari quashing
ExtP16 GO a3 unjust, illegal and arbitrary;
Alternatively:-
(iv) To declare that Section 191(4) of the
Kerala Panchayat Raj Act does not empower the
Government to pass unreasoned orders, without
hearing the affected persons including the
Panchayat;
(v) To issue a writ of mandamus directing the
respondents to refrain from constructing and
operating the plywood factory owned by the 4 th
respondent as mentioned in Ext.P1 in Kareepra
Grama Panchayat;
(vi) To issue such other orders, directions or
writs as may be prayed for under the facts and
circumstances of the case;
(vii) To dispense with filing of the translation of
vernacular documents.
(viii) To issue a writ of certiorari quashing
Exts.P18 and P19 as unjust, illegal and arbitrary;
(ix) To strike down Section 2 of the Kerala
Investment Promotion and Facilitation (No.2) Act,
2018 (Ext.P20) to the extent it does not contemplate
or provide for a refusal by the Panchayat to grant or
issue permission for the construction of a factory,
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workshop or workplace;
(x) To strike down S. 233(3) of the Kerala
Panchayat Raj Act as unconstitutional, to the extent
to which it does not allow the Panchayat to refuse
license for any factory, workshop, workplace etc. and
S.233(4) to the extent to which it does not specify for
a contingency of refusal of license by the Village
Panchayat.
(xi) To strike down clause 8(c) of Ext.P21 to
the extent it does not contemplate or provide for a
refusal by the Panchayat to grant or issue permission
for the construction of a factory, workshop or
workplace;
(xii) To strike down Rule 12(3) of the Kerala
Panchayat Raj (Issue of Licence to Factories,
Trades, Entrepreneurship activities and other
services) Rules, 1996 to the extent it does not
contemplate or provide for a refusal by the
Panchayat to grant or issue permission for the
construction of a factory, workshop or workplace.
3. The parties and exhibits are referred to in this
judgment as they are described and marked in W.P.(C)
No.29169/2024, for clarity. As the eligibility of the petitioner
to get police protection would depend upon the challenges
made by respondents 4 and 5 in W.P.(C) No.32716/2024, the
said writ petition is firstly dealt with.
4. Respondents 4 and 5 state that they are
residents of Kareepra Grama Panchayat and are aggrieved by
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the construction of a plywood factory in the Panchayat by the
petitioner. The petitioner proposed to construct the plywood
factory in the beginning of 2024 and Ext.P1 Building Permit
was issued by the Panchayat. The Ministry of Micro, Small
and Medium Enterprises has issued Ext.P2 Udyam
registration and the Pollution Control Board has issued Ext.P3
Consent to Establish.
5. The respondents filed a Suit in the Munsiff's
Court, Kottarakkara as OS No.305/2024 seeking permanent
prohibitory injunction against starting the plywood factory. The
Munsiff's Court initially passed Ext.P5 interim injunction order
dated 12.07.2024. Ext.P6 report of the Advocate
Commissioner appointed in the said OS would show that the
petitioner had suppressed existence of a water stream and
certain other details in the site plan, while obtaining licences.
Coming to know of the facts, the Panchayat issued Ext.P7
Stop Memo dated 15.07.2024.
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6. When the petitioner filed W.P.(C)
No.27439/2024 challenging Ext.P7 Stop Memo, the
Panchayat Secretary recalled the Stop Memo as per Ext.P9
order dated 06.08.2024. The petitioner thereafter filed W.P.
(C) No.29169/2024 seeking police protection to carry on the
construction. This Court granted Ext.P10 interim order dated
06.09.2024.
7. Respondents 4 and 5 stated that there is a
farm pond constructed with the assistance of the Panchayat
near the proposed plywood factory. The pond is used to
irrigate the surrounding paddy fields which is the livelihood of
several nearby inhabitants. Establishment of plywood factory
would pollute the farm pond denying drinking water to the
locals and destroying the crops.
8. There is a stream of water flowing from the
western side of the factory land which was not shown in the
site plan. There is a water pump house and a well
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constructed under a Government project is situated alongside
the water pump house. The well is hardly 3 metres away from
the factory premises. Supply pipelines are passing through
the 3 metre wide road leading to the proposed plywood
factory.
9. Representations against the plywood factory
were submitted to the Grama Panchayat and the District
Collector. The Panchayat Committee, as per Ext.P14
proceedings, decided to revoke Building Permit granted to the
petitioner in view of the harmful effects caused to the
environment and health hazards to the nearby residents.
Ext.P14 superseded the Building Permit issued to the
petitioner.
10. On 22.08.2024, as per Ext.P16, the
Government issued an order staying the resolutions of the
Panchayat, relying on Section 191(4) of the Kerala Panchayat
Raj Act. The respondents submit that when the Government
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invokes Section 191(4), they are bound to hear the Panchayat
Members. The Members were not heard when Ext.P16 was
issued.
11. Pursuant to the judgment in W.A.
Nos.154/2025 and 164/2025, the issue was referred to the
Local Self Government Tribunal. The Tribunal held that
resolutions issued by the Panchayat cancelling the Building
Permit given to the petitioner are illegal. Consequently, the
Government issued Ext.P19 GO dated 06.03.2025 revoking
Exts.P14 and P15 orders issued by the Panchayat.
Respondents 4 and 5 are challenging Exts.P16, P18 and P19
Government Orders.
12. Counsel for respondents 4 and 5 submitted
that Section 191 of the Kerala Panchayat Raj Act empowers
the Government to stay any resolutions passed by the
Panchayats by way of interim measure, without issuing any
notice to the Panchayat. Section 191 is illegal and
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unconstitutional to the extent it does not provide for issuance
of any notice to the Panchayat before granting interim stay
orders.
13. The counsel further submitted that there are
certain basic requirements enumerated in sub-clause (a) to
sub-clause (d) of Section 191 which should exist to invoke
Section 191. None of these grounds existed in the present
case. The resolution of the Panchayat ought to have been left
to be challenged by the aggrieved parties. In this case, the
Secretary of the Panchayat invoked Section 191 arbitrarily.
When Section 276(5)(b) provided for appeal, the Secretary
was not justified in invoking Section 191.
14. Ext.P16 order of the Government is bad in
law and therefore Ext.P19 Government Order should go. The
very reference of the issue to the Government and to the
Tribunal is vitiated. Assuming that the statutory provision
Section 191 is not unconstitutional, even then the exercise of
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power of reference by the Secretary is vitiated, in the facts and
circumstances of the case.
15. Proviso to Section 182(iii) gives a complete
scheme laying down the procedure to exercise the power
under Section 191. The procedure contemplates placing of
the objection of the Secretary to the Panchayat before the
Panchayat Committee. In the present case, the Secretary
failed to place the matter before the Council.
16. The counsel for respondents 4 and 5 further
submitted that the amended Section 233 of the Panchayat Raj
Act does not give a discretion to the Panchayats to refuse
licence. Section 233 as it stands amended is arbitrary and
unconstitutional. The Full Bench judgment of this Court in
Pavithran v. State of Kerala [2009 (4) KLT 20 (FB)] will not
be of any help to the petitioner when challenge is made to
Section 233, because there was no challenge to Section 233
in the case decided by the Full Bench. If Section 233 is
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sustained, the Local Self Government Institutions will be
forced to issue licences to industries even if such industries
are highly pollutant. Under Sections 166 and 233(3), the
Panchayats have a duty to abate pollution. Section 233 is not
consistent with Section 166 and Section 233(3).
17. The Kerala Investment Promotion and
Facilitation Act, 2018 also cannot stand the scrutiny of law as
the said Act, 2018 has amended so many provisions of
various Acts by one stroke. Respondents 4 and 5 therefore
challenged the provisions of the Kerala Investment Promotion
and Facilitation Act to the extent it amends the Panchayat Raj
Act. Ext.P16 order of the Government is therefore unjust,
illegal and arbitrary and is liable to be set aside, urged the
counsel for the petitioner.
18. The petitioner opposed W.P.(C)
No.32716/2024 filing counter affidavit. Permission was
granted to the petitioner to construct and run a plywood
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factory. Respondents 4 and 5 filed OS No.305/2024 in the
Munsiff's Court, Kottarakkara to get a prohibitory order to
prevent the petitioner from continuing construction of factory.
The Munsiff made it clear that the petitioner can continue with
the construction if he has all valid required licences.
19. The plywood factory is situated in a vast
extent of property having 3 Acres and 45 Cents of land. The
factory building has been given a setback of 35 metres on the
front, 51.49 metres on rear side and 27.80 metres and 25
metres on the two sides of the building. Though the Village
Officer issued a stop memo, the same was recalled.
20. The petitioner contended that the Panchayat
Committee cannot take a view contrary to that of other
statutory authorities. The Single Window Clearance Board
headed by the District Collector considered the joint inspection
report in respect of the inspection conducted in the presence
of General Manager, DIC, District Town Planner, Deputy
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Director of Panchayat, Ecologist under Water Department and
the Pollution Control Board and the Committee found that all
precautions are taken by the petitioner for preventing any
pollution. The Single Window Clearance Board, considering
the afore report, found that all the precautions are taken by
the petitioner for preventing pollution.
21. The petitioner refuted the allegation that the
Engineer, who sanctioned the grant of Building Permit, has
done so without carrying field inspection. Under Section
191(2) of the Kerala Panchayat Raj Act, the only mandate
before cancelling or amending the resolution or decision is
that the Government may refer the matter for consideration
either to the Ombudsman or to the Tribunal for Local Self
Government Institutions. Accordingly, the Government
referred the matter for consideration of the Tribunal. The writ
petition is therefore without any merit and is only to be
dismissed.
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22. The 2nd respondent-Secretary to Government
(in W.P.(C) No.32716/2024) also filed a counter affidavit. The
2nd respondent submitted that the Secretary of the Grama
Panchayat reported that application for Building Permit was
accompanied with NOC from the Pollution Control Board,
other documents and the building plan. The Assistant
Engineer, LSGD reported that the plan was as per KPBR,
2019. The permit was issued as per site inspection.
Therefore, it is illegal to cancel the permit given to the
petitioner. The Secretary also brought to the notice of the
Panchayat Committee the clearance given by the District
Single Window Clearance Board. It was on the basis of the
afore facts that it was decided to stay the resolution passed by
the Kareepra Grama Panchayat and to refer the matter to the
Tribunal for LSGI. The Tribunal will give its report after notice
to the Panchayat and therefore there is no violation of the
principles of natural justice, urged the 2nd respondent.
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23. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 to 3, the learned counsel for respondents 4 and
5 and the learned counsel appearing for the Grama
Panchayat.
24. Respondents 4 and 5 have already filed a
suit in the Munsiff's Court, Kottarakkara as OS No.305/2024.
The Munsiff's Court initially passed Ext.P5 interim injunction
order, which was subsequently withdrawn/modified.
Respondents 4 and 5 argued that Section 191 of the Kerala
Panchayat Raj Act, 1994 empowers the Government to pass
interim order staying the operation of resolutions passed by
the Panchayats without notice to the Panchayats. The
Panchayats are having first hand information regarding the
facts leading to their decisions. Therefore, the Government
shall not stay the operations of such resolutions passed by the
Panchayats without notice to the Panchayats. The power
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granted to the Government to grant stay orders in the manner
provided in Section 191 is arbitrary and illegal to that extent.
25. Section 191 of the Kerala Panchayat Raj Act,
1994 provides for power of the Government of cancellation
and suspension of resolutions. Section 191 reads as follows:
191. Power of cancellation and suspension of
resolutions etc. -
(1) Government may either suo moto or, on a
reference by President, Secretary or a member, or on
a petition received from a citizen, cancel or vary a
resolution passed or a decision taken by the
Panchayat if in their opinion such decision or
resolution-
(a) is not legally passed or taken; or
(b) is in excess of the powers conferred by
this Act or any other law or its abuse; or
(c) is likely to endanger human life, health
public safety, communal harmony or may lead to riot
or quarrel; or
(d) is in violation of the directions or
provisions of grant issued by Government in the
matter of implementing the plans, schemes or
programmes.
(2) Before cancelling or amending a resolution or
decision as per sub-section (1), the Government may
refer the matter for consideration either of the
ombudsman constituted under section 271 G or the
tribunal constituted under section 271S and the
ombudsman or the tribunal, as the case may be; after
giving the panchayat an opportunity of being head,
send a report to the Government with its conclusions
and the Government may, on its basis cancel, amend
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or confirm the resolution or decision.
(3) If another remedy is available to the petitioner
through the tribunal under section 276, the
Government shall not consider any petition for
cancelling or amending any resolution or decision of
the Panchayat.
(4) If Government consider that a resolution or
decision of the Panchayat has to be cancelled or
amended as per sub-section (1) it may suspend such
resolution or decision temporarily and may direct the
panchayat to defer its implementation till the final
disposal after the completion of the procedure under
sub-section (2).
Section 191(2) provides that before cancelling or amending a
resolution or decision as per sub-section (1), the Government
may refer the matter for consideration either of the
Ombudsman or the Tribunal for Local Self Government
Institutions. The Ombudsman or the Tribunal after giving the
Panchayat an opportunity of being heard, sent a report to the
Government with its conclusion and the Government may, on
its basis, cancel, amend or confirm the resolution or decision.
As per sub-section (4) of Section 191, if Government
considers that a resolution or decision of the Panchayat has to
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be cancelled or amended, it may suspend such resolution or
decision temporarily and may direct the Panchayat to defer its
implementation till the final disposal after the completion of the
procedure under sub-section (2).
26. Section 191 of the Kerala Panchayat Raj Act
therefore contemplates an opportunity of hearing to be
granted to the Panchayat, by the Ombudsman or Tribunal, as
the case may be, before a report is sent to the Government. If
after considering such report, which is prepared complying
with the principles of natural justice after hearing the
Panchayat concerned, then no further opportunity of hearing
need be given to the Panchayat before the Government takes
a decision. On the other hand, if the Government takes a
decision opposed to or contrary to the report given by the
Ombudsman or Tribunal, then the Government will have a
duty to hear the Panchayat to defer from the report of the
Ombudsman/Tribunal while taking final decision.
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27. The contention of respondents 4 and 5 is that
Section 191 is arbitrary to the extent it denies opportunity of
hearing to the Panchayats while suspending the resolution or
decision temporarily under sub-section (4) of Section 191.
The Government will exercise that power of suspension of
resolution or decision on an interim basis, only when the
Government considers prima facie that a resolution or
decision of the Panchayat has to be cancelled or amended.
Even then, before taking a final decision, the Panchayats will
be getting an opportunity of hearing by the Ombudsman or
Tribunal. The Act, 1994 thus gives power to the Government
to suspend a resolution passed or decision taken by the
Panchayat in exceptional cases. Even in such exceptional
cases, the Panchayats will be getting an opportunity of
hearing before any final decision is taken. It is to be noted
that the powers of the Panchayats are confined to those
provided under Sections 166 and 167 of the Kerala Panchayat
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Raj Act and any other power or function delegated to the
Panchayats by the Government. Therefore, I do not find any
illegality or arbitrariness in the powers to pass interim orders
granted to the Government under Section 191(4).
28. The petitioner would contend that the proviso
to Section 182(iii) gives a complete Scheme laying down the
procedure to exercise the power under Section 191. The
procedure contemplates placing of the objection of the
Secretary to the Panchayat before the Panchayat Committee.
The Secretary has failed to place the matter before the
Council, contends the petitioner.
29. Section 192 provides for the powers and
functions of the Secretary of a Panchayat. Section 182(iii)
mandates that the Secretary as Executive Officer of the
Panchayat shall carry into effect resolutions of the Panchayat,
provided that where the Secretary is of the opinion that any
resolution passed by the Panchayat has not been legally
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passed or is in excess of the powers conferred by this Act or
any other Act or is likely to endanger human life, health or
public safety, if implemented, he shall request in writing to the
Panchayat to review the resolution and express his views at
the time of its review by the Panchayat. If the Panchayat
upholds its previous decision, the matter shall be referred to
the Government.
30. Ext.P14 minutes of the meeting of the
Panchayat Committee would indicate that when the
Panchayat decided to cancel the building permit granted to
the petitioner, the Secretary to the Panchayat has given his
opinion disagreeing with the resolution. It is evident from
Ext.P14 that the Secretary has given his opinion against the
resolution as contemplated under proviso to Section 182(iii).
The arguments of respondents 4 and 5 based on Section 182
are therefore unsustainable.
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31. The further argument is that Section 233 of
the Panchayat Raj Act does not give a discretion to the
Panchayats to refuse licence and hence it is arbitrary and
unconstitutional. Respondents 4 and 5 would urge that in the
Full Bench judgment of this Court in Pavithran (supra), there
was no challenge to Section 233. If Section 233 is sustained,
the Panchayats will be forced to issue licences to industries
even if such industries are highly polluted. Respondents 4
and 5 would urge that under Sections 166 and 233(3), the
Panchayats have a duty to abate pollution.
32. Section 233 provides that no persons shall
without the permission of the Village Panchayat and except in
accordance with the conditions specified in such permission,
construct or establish any factory, workshop or workplace
using steam power, water power or other mechanical power or
electrical power or install any machinery or manufacturing
plant driven by any power as aforesaid.
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33. Sub-section (3) to Section 233 mandates that
the Secretary or authorised officer, on receipt of application for
permission, enquire and report to the Panchayat whether the
establishment of factory, workshop or workplace or other
installation, is objectionable by reason of density of population
in the neighbourhood and possibility to cause nuisance or
pollution and the Panchayat after considering the reports may
as expeditiously as possible at any rate within 30 days grant
permission either absolutely or subject to such conditions, as it
thinks fit to impose.
34. It is clear from Section 233(3) that the
Panchayat has no power to deny permission for construction
of factory or for installation of machinery. Based on the
reports, the Panchayat, however, can grant permission subject
to such conditions as it thinks fit to impose. It is to be kept in
mind that any such factory/installation would require
consent/clearance from the statutory Pollution Control Board
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authorities if those machinery or installations are likely to
result in any kind of pollution including sound pollution.
Pollution Control Boards being experts in the field of air,
sound and water pollution, their decision should be given due
weightage. The legislature therefore felt that the Panchayats'
power should be limited to imposing conditions on the basis of
which permission can be granted for construction of factories
and installation of machinery. The challenge made by
respondents 4 and 5 on Section 233 is therefore
unsustainable.
35. Respondents 4 and 5 challenge the Kerala
Investment Promotion and Facilitation Act, 2018 contending
that the said Act has amended many provisions of various
Acts by one stroke. The Kerala Investment Promotion and
Facilitation Act, 2018 has been enacted to give effect to
certain proposals of the Government to avoid delay in granting
various licences, permissions, approvals and clearances
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required various enactments and to provide for incidental
matters.
36. The Act, 2018 amends certain provisions of
the Kerala Shops and Commercial Establishments Act, 1960,
the Kerala Headload Workers Act, 1978, etc. The Act, 2018
has been made with a laudable object. The amendments so
made do not directly affect respondents 4 and 5. In the
circumstances, challenge to the Kerala Investment Promotion
and Facilitation Act, 2018 by respondents 4 and 5 is only to be
rejected.
37. On the basis of the reference order of the
Tribunal for Local Self Government Institutions, the
Government has issued GO dated 06.03.2025 revoking
Exts.P14 and P15 orders issued by the Panchayat. I do not
find any illegality in Exts.P16, P18 or P19 orders passed by
the Government or the Tribunal. The petitioner is entitled to
construct and run his factory as long as the petitioner holds
2025:KER:66359
W.P.(C) Nos.29169 and 32716 of 2024
valid licences and permits.
W.P.(C) No.32716/2024 is therefore
dismissed. W.P.(C) No.29169/2024 is disposed of
commanding respondents 2 and 3 therein to provide adequate
police protection to the petitioner and his employees as well
as the vehicles coming to the petitioner's factory premises for
carrying out the construction work as per Ext.P1 building
permit, without any hindrance or obstructions from
respondents 4 and 5 and their men and agents.
Sd/-
N. NAGARESH, JUDGE
aks/03.09.2025
2025:KER:66359
W.P.(C) Nos.29169 and 32716 of 2024
APPENDIX OF WP(C) 29169/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BUILDING PERMIT
BEARING NO. SC3-BA (204211)/2024 DATED
18.06.2024 ISSUED BY THE KAREEPRA
GRAMA PANCHAYAT
Exhibit P2 THE TRUE COPY OF UDYAM REGISTRATION
CERTIFICATE BEARING NO. UDAYAM-KL-06-
008702
Exhibit P3 THE TRUE COPY OF THE CONSENT TO
ESTABLISH ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD DATED
06.04.2024 IN THE NAME OF PETITIONER'S
PROPRIETARY CONCERN NAMED M/S. APPLE
VALLEY PLY WOODS
Exhibit P4 THE TRUE COPY OF THE PLAINT IN O.S. NO
305/2024 BEFORE THE MUNSIF COURT
KOTTARAKARA
Exhibit P5 THE TRUE COPY OF THE INJUNCTION ORDER
PASSED BY THE LEARNED MUNSIFF,
KOTTARAKKARA DATED 12.07.2024
Exhibit P6 THE TRUE COPY OF THE STOP MEMO NO.SC3-
3339/24 DATED 15.07.2024 ISSUED BY THE
KAREEPRA GRAMA PANCHAYATH
Exhibit P7 THE TRUE COPY OF THE INTERIM ORDER IN
W.P.(C) 27439/2024 DATED 01.08.2024
PASSED BY THIS HON'BLE COURT
Exhibit P8 TRUE COPY OF THE PROCEEDING NO. SC3-
3339/24 DATED 06.08.2024 OF THE
SECRETARY, KAREEPARA GRAMA PANCHAYAT
Exhibit P9 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 05.08.2024
Exhibit P10 THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT DATED 12.08.2024 TOWARDS THE
RECEIPT OF EXT-P9 REPRESENTATION
ISSUED FROM THE OFFICE OF THE 3RD
RESPONDENT
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W.P.(C) Nos.29169 and 32716 of 2024
Exhibit P11 THE TRUE COPY OF THE ORDER OF THE
GOVERNMENT STAYING EXHIBIT R4(E) DATED
22.08.2024
Exhibit P12 TRUE COPY OF JOINT INSPECTION REPORT
SIGNED BY K.S.SIVAKUMAR, GENERAL
MANAGER, DISTRICT INDUSTRY CENTER,
KOLLAM DATED 23.10.2024
Exhibit P13 THE TRUE COPY OF THE GOVERNMENT ORDER
BEARING NO. 622/2025/LSGD DATED
06.03.2025 SETTING ASIDE THE ORDER OF
THE PANCHAYATH
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED
22.01.2025 IN W.A.NO. 164/2025
RESPONDENTS' EXHIBITS
Exhibit R4(a) TRUE COPY OF THE REPRESENTATION DATED
08.07.2024 SUBMITTED BEFORE THE
SECRETARY/PRESIDENT, KAREEPRA GRAMA
PANCHAYAT.
Exhibit R4(b) TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE DISTRICT
COLLECTOR, KOLLAM DATED 18.07.2024.
Exhibit R4(c) TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE KAREEPRA GRAMA
PANCHAYAT DATED 29.07.2024.
Exhibit R4(d) TRUE COPY OF THE PROCEEDINGS OF
COMMITTEE MEETING OF THE KAREEPRA
GRAMA PANCHAYAT DATED 07.08.2024
Exhibit R4(e) TRUE COPY OF KAREEPRA GRAMA PANCHAYAT
DECISION 09.08.2024 ISSUED BY THE
PRESIDENT
Exhibit R4(f) TRUE COPY OF THE ADVOCATE
COMMISSIONER'S REPORT IN
O.S.NO.305/2024 IN I.A.NO.3/2024 DATED
11.07.2024
Exhibit R4(g) A COPY OF INTERIM ORDER DATED
13.09.2024 IN WP(C)32716/2024
Exhibit R4(h) TRUE COPY OF THE RESEARCH ARTICLE
TITLED 'A STUDY ON THE EFFECT OF
2025:KER:66359
W.P.(C) Nos.29169 and 32716 of 2024
PLYWOOD FACTORY EFFLUENTS ON THE WATER
QUALITY OF RECEIVING STREAMS AND
NEARBY WELLS IN PERUMBAVOOR, KERALA,
INDIA' AUTHORED BY ATHIRA M AND GIGI
K.JOSEPH.
2025:KER:66359
W.P.(C) Nos.29169 and 32716 of 2024
APPENDIX OF WP(C) 32716/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BUILDING PERMIT
BEARING NO.SC3-BA(204211)/ 2024 DATED
18.06.2024 ISSUED BY THE RESPONDENT
PANCHAYAT
Exhibit P2 TRUE COPY OF UDYAM REGISTRATION
CERTIFICATE BEARING NO. UDAYAM-KL-06-
008702
Exhibit P3 TRUE COPY OF THE CONSENT TO ESTABLISH
ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD DATED 06.04.2024
Exhibit P4 TRUE COPY OF THE PLAINT IN OS
NO.305/2024 BEFORE THE MUNSIFF COURT,
KOTTARAKKARA
Exhibit P5 TRUE COPY OF THE INJUNCTION ORDER
PASSED BY THE LEARNED MUNSIFF,
KOTTARAKKARA DATED 12.07.2024
Exhibit P6 TRUE COPY OF THE ADVOCATE
COMMISSIONER'S REPORT IN
O.S.NO.305/2024 IN I.A.NO.3/2024 DATED
11.07.2024.
Exhibit P7 TRUE COPY OF STOP MEMO NO.SC3-3339/24
DATED 15.7.2024 ISSUED BY THE
RESPONDENT PANCHAYAT
Exhibit P8 TRUE COPY OF INTERIM ORDER DATED
1.8.2024 IN WP (C ) NO.27439/2024
PASSED BY THE HON'BLE HIGH COURT OF
KERALA
Exhibit P9 TRUE COPY OF PROCEEDING NO.SC3-3339/24
DATED 6.8.2024 OF THE SECRETARY,
KAREEPRA GRAMA PANCHAYAT
Exhibit P10 TRUE COPY OF INTERIM ORDER IN WP (C)
NO.29169 /2024 DATED 06.09.2024 PASSED
BY THIS HON'BLE HIGH COURT OF KERALA
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
08.07.2024 SUBMITTED BEFORE THE
SECRETARY/PRESIDENT, KAREEPRA GRAMA
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W.P.(C) Nos.29169 and 32716 of 2024
PANCHAYAT
Exhibit P12 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE DISTRICT
COLLECTOR, KOLLAM DATED 18.07.2024
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED
29.07.2024 SUBMITTED TO THE KAREEPRA
GRAMA PANCHAYAT
Exhibit P14 TRUE COPY OF THE PROCEEDINGS OF
COMMITTEE MEETING OF THE KAREEPRA
GRAMA PANCHAYAT DATED 07.08.2024
Exhibit P15 TRUE COPY OF KAREEPRA GRAMA PANCHAYAT
DECISION 09.08.2024 ISSUED BY THE
PRESIDENT
Exhibit P16 TRUE COPY OF ORDER G.O.
(RT)NO.1561/2024/LSGD DATED, 22-08-
2024 ISSUED BY THE 1ST RESPONDENT
Exhibit P17 TRUE COPY OF THE COMMON JUDGMENT DATED
22.01.2025 IN WA NOS.154/2025 AND
164/2025 PASSED BY THE HON'BLE HIGH
COURT OF KERALA.
Exhibit P18 TRUE COPY OF REFERENCE ORDER
NO.01/2024 DATED 06.02.2025 PASSED BY
THE HON'BLE LSGI TRIBUNAL.
Exhibit P19 TRUE COPY OF G.O(RT) NO.622/2025/LSGD
DATED 06.03.2025 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P20 TRUE COPY OF THE RELEVANT PAGES OF
KERALA INVESTMENT PROMOTION AND
FACILITATION (NO. 2) ACT, 2018.
Exhibit P21 TRUE COPY OF G. O. (P) NO.
80/2017/LSGD DATED 31.10.2017.
RESPONDENTS' EXHIBITS
Exhibit R4 THE TRUE COPY OF THE JUDGMENT REPORTED
IN 2023 (4) KHC 484 (SINOJ THOMAS
VS.BALAL GRAMA PANCHAYATH)
Exhibit R4(a) THE TRUE COPY OF THE MINUTES OF THE
SINGLE WINDOW CLEARANCE BOARD MEETING
HELD ON 12.09.2024.
Exhibit R4(b) THE TRUE COPY OF THE ORDER IN I.A
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W.P.(C) Nos.29169 and 32716 of 2024
2/2024 DATED 09.01.2025
Exhibit R4(c) THE TRUE COPY OF THE COMMON JUDGMENT
IN W.A.NO. 154/2025 DATED 22.01.2025
Exhibit R4(d) THE TRUE COPY OF THE GOVERNMENT ORDER
BEARING NO. 622/2025/LSGD DATED
06.03.2025 SETTING ASIDE THE ORDER OF
THE PANCHAYATH,
