[Cites 0, Cited by 0]
Kerala High Court
Sujith K.V vs The District Collector on 7 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:776
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO. 18267 OF 2023
PETITIONER/S:
1 SUJITH K.V.
AGED 32 YEARS
S/O.LATE VELAYUDHAN, RESIDING AT KURAVANCHIRA,
PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688526
2 PANKAJAM,
AGED 58 YEARS
W/O. LATE VELAYUDHAN, RESIDING AT KURAVANCHIRA,
PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688526
3 AJITH K.V.,
AGED 30 YEARS
S/O.LATE VELAYUDHAN, RESIDING AT KURAVANCHIRA,
PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT.,
PIN - 688526
4 BABU V.M.
AGED 52 YEARS
S/O.VAVACHAN, RESIDING AT VADAYANADU, PANAVALLY P.O.,
CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688526
BY ADV
SMT.DHANUJA M.S
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
FBVH+2CG, NEAR ZILLA PANCHAYAT OFFICE CIVIL STATION
WARD , ALAPPUZHA, PIN - 688001
2026:KER:776
WP(C) NO.18267 OF 2023
2
2 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
SNV SADHANAM, NEW CHATHANAD HEAD OFFICE. DISTRICT
OFFICE, ALAPPUZHA.,
PIN - 688001
3 PANAVALLY GRAMA PANCHAYAT,
PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 688526
4 THE HEALTH INSPECTOR,
FAMILY HEALTH CENTRE, PANAVALLY P.O., CHERTHALA,
ALAPPUZHA DISTRICT., PIN - 688526
5 THE MEDICAL OFFICER,
FAMILY HEALTH CENTRE, PANAVALLY P.O., CHERTHALA,
ALAPPUZHA DISTRICT-688526.
6 NAVAGATHI MARINE DESIGN AND CONSTRUCTION PRIVATE LTD.
V/1517, PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT-
688526. REPRESENTED BY ITS MANAGER
BY ADVS.
SMT.C.G.BINDU
SHRI.P.SATHISAN
SMT.DONA AUGUSTINE
SHRI.ATHUL RAJESH
SHRI.SHIBU B.S
SHRI.BIJU P.PAUL
SHRI.ABHIRAM SUNISH
SPL GP - SMT DEEPA K R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:776
WP(C) NO.18267 OF 2023
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.18267 of 2023
-------------------------------
Dated this the 07th day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following
prayers:
" i) Issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents 1 to 5 to take appropriate action against
the illegal functioning of the Navagathi Marine
Design and Construction Private Ltd.
ii) Issue a writ of mandamus or any other appropriate
writ, order or direction to the 3rd respondent to
implement the Exhibit P4 stop memo without any
fail.
iii) Issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents 1 to 5 to stop the functioning of
Navagathi Marine Design and Construction Private
Ltd which is functioning without any requisite permit
and sanctions;
iv) Petitioner also prays that this Hon'ble court may
be pleased to dispense with the translation of the
documents produced in the vernacular language.
v) Award costs.
vi) Any other relief this Hon'ble Court deems fit."
[SIC]
2026:KER:776
WP(C) NO.18267 OF 2023
2. Petitioners want to implement Ext.P4 stop-memo
issued by the 3rd respondent. Panchayat issued Ext.P4 stop memo,
because there is some violation as far as the pollution is
concerned. According to the 5th respondent, they obtained
integrated consent from the Pollution Control Board, as evident by
Ext.R6. If that is the case, Panchayat can consider the same, after
giving an opportunity of hearing to the petitioners and the 6 th
respondent and conclude the proceedings initiated as evident by
Ext.P4.
Therefore, this Writ Petition (C) is disposed of with the
following directions:
1. The 3rd respondent is directed to give an
opportunity of hearing to the petitioners and the 6 th
respondent and conclude the proceedings initiated
based on Ext.P4 as expeditiously as possible, at
any rate, within a period of six weeks from the date
of receipt of a copy of this judgment.
2. Petitioners and the 6th respondent are free to
produce additional documents before the 3 rd
2026:KER:776
WP(C) NO.18267 OF 2023
respondent at the time of hearing.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 07.01.2026
Judgment dictated 07.01.2026
Draft Judgment Placed 07.01.2026
Final Judgment Uploaded 09.01.2026
2026:KER:776
WP(C) NO.18267 OF 2023
APPENDIX OF WP(C) NO. 18267 OF 2023
PETITIONER EXHIBITS
Exhibit1 A TRUE COPY OF THE REPRESENTATION DATED
24/3/2023 SUBMITTED BY SOME OF THE
RESIDENTS OF THE 8TH WARD BEFORE THE
DISTRICT COLLECTOR, ALAPPUZHA,
Exhibit-P2 A TRUE COPY OF THE SIMILAR REPRESENTATION
WAS ALSO FILED BEFORE THE HEALTH
INSPECTOR, PANAVALLY, FAMILY HEALTH
CENTRE, THE 4TH RESPONDENT DATED 21-3-
Exhibit-P3 A TRUE COPY OF THE ANOTHER REPRESENTATION
WAS ALSO FILED BEFORE THE COMPLAINTS
CELL,CHIEF MINISTER OF KERALA BY THE
RESIDENTS OF THE 8TH WARD DATED 28-3-2023
Exhibit-P4 A TRUE COPY OF THE STOP MEMO DATED
29/3/2023 ISSUED BY THE 3RD RESPONDENT
Exhibit-P5 A TRUE COPY OF THE 1ST PETITIONER FILED A
REPRESENTATION BEFORE THE MEDICAL
OFFICER, PANAVALLY FAMILY HEALTH CENTRE
DATED 1-4-2023
Exhibit-P6 A TRUE COPY OF THE REPLY DATED 13/4/2023
ISSUED BY THE MEDICAL OFFICER, PANAVALLY,
HEALTH CENTER
Exhibit-P7 A TRUE COPY OF THE HEALTH DETAILS OF THE
RESIDENTS SUFFERING DUE TO THE ILLEGAL
FUNCTIONING OF THE MANUFACTURING UNIT IN
QUESTION BEFORE THE MEDICAL OFFICER,
PANAVALLY
Exhibit-P8 A TRUE COPY OF THE PROCEEDINGS DATED 19-
4-2023 ISSUED BY THE KERALA POLLUTION
CONTROL BOARD, ALAPPUZHA
Exhibit-P9 A TRUE COPY OF THE PROCEEDING ISSUED BY
THE KERALA POLLUTION CONTROL BOARD,
ALAPPUZHA DATED 20-4-2023
Exhibit-P10 A TRUE COPY OF THE APPLICATION UNDER THE
RIGHT TO INFORMATION ACT
Exhibit-P11 A TRUE COPY OF THE REPLY RECEIVED BY THE
2026:KER:776
WP(C) NO.18267 OF 2023
PETITIONERS DATED 28/4/2023
Exhibit-P12 A TRUE COPY OF THE COMPLAINT BEFORE THE
SECRETARY OF THE PANAVALLY GRAMA
PANCHAYAT DATED NIL
Exhibit-P13 A TRUE COPY OF THE REPRESENTATION WAS
ALSO SUBMITTED BEFORE THE HEALTH
MINISTER, KERALA BY THE WOMEN RESIDENTS
OF 8TH WARD
Exhibit-P14 A TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN THE DESABHIMANI DAILY DATED
31/3/2023
Exhibit-P15 A TRUE COPY OF THE COPY OF PHOTOGRAPH
SHOWING THE SATELLITE IMAGE
Exhibit-P16 A TRUE COPY OF THE COPY OF PHOTOGRAPH
SHOWING FIBER WASTE
Exhibit-P17 A TRUE COPY OF THE COPY OF PHOTOGRAPH
SHOWING THE OPEN TERRACE
Exhibit-P18 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE
UNIT WITHOUT DOORS
Exhibit-P19 A TRUE COPY OF THE REPRESENTATION DATED
6/4/2022 FILED BY ONE SAJU BEFORE THE
SECRETARY, PANAVALLY GRAMA PANCHAYAT
Exhibit-P20 A TRUE COPY OF THE HEALTH DETAILS OF THE
2ND PETITIONER
RESPONDENT EXHIBITS
Exhibit R6(g) True copy of license issued by Panavally
Grama Panchayath to the petitioner dated
09.07.2021 for the period of 01.04.2021
to 31.03.2022
Exhibit R6 True copy of the Integrated Consent to
Operate issued by Kerala State Pollution
Control Board dated 01.08.2023
Exhibit R6(a) True copy of the license issued by
Department of Factories and Boilers,
Government of Kerala
Exhibit R6(b) True copy of the Accreditation
Certificate of Ship/Boat Yard vide
official No.KIV/ALP/BY/44/2019 year and
place of Registry, 2019, Alappuzha
2026:KER:776
WP(C) NO.18267 OF 2023
Exhibit R6(c) True copy of the relevant extract of the
application which affirms the license as
per Section 236
ExhibitR6(d) True copy of the agreement with M/s.
Kerala Enviro Infrastructure Ltd. KEIL
dated 02.03.2021
Exhibit R6(e) True copy of license issued by Panavally
Grama Panchayath dated 30.11.2018 for the
period of 2018-2019
Exhibit R6(f) True copy of license issued by Panavally
Grama Panchayath to the petitioner dated
08.02.2021 for the period from 01.04.2020
to 31.03.2021
