Citation : 2026 Latest Caselaw 759 Ker
Judgement Date : 23 January, 2026
W.P.(C) No.48525 of 2025
1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 48525 OF 2025
PETITIONER(S):
MUHAMMED ALI
AGED 56 YEARS, S/O KOCHUPILLA, MAROTTIKKAL HOUSE,
AMBUNADU, EDATHALA P.O., KIZHAKKAMBALAM, KUNNATHUNAD,
ERNAKULAM ., PIN - 683561
BY ADVS.
SMT.STIYA SIVAN
SMT.K.R.RENJU
SMT.ASITHA M.M.
SMT.ANJITHA APREM
SMT.HARITHA HARINATH
SMT.ATHIRA SUDHEER V.
RESPONDENT(S):
1 VENGOLA GRAMA PANCHAYATH
VENGOLA PANCHAYATH OFFICE, VENGOLA COMMUNITY HALL,
PERUMBAVOOR-PUTHENKURISH ROAD, VENGOLA, ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 683556
2 SECRETARY
VENGOLA GRAMA PANCHAYATH, VENGOLA PANCHAYATH OFFICE,
VENGOLA COMMUNITY HALL, PERUMBAVOOR-PUTHENKURISH
ROAD, VENGOLA, ERNAKULAM., PIN - 683556
3 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PLAMOOD JUNCTION, PATTOM
PO, THIRUVANANTHAPURAM DISTRICT., PIN - 695004
4 THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT
OFFICE (ERNAKULAM 11)
1ST FLOOR, MANNA RESIDENCY, M.C.ROAD, PERUMBAVOOR,
ERNAKULAM, REPRESENTED BY ITS ENVIRONMENTAL
ENGINEER., PIN - 683542
W.P.(C) No.48525 of 2025
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5 SUBAIDA
W/O ABDUL RAHIMAN, PALLATHUPPARA HOUSE, ARRAKKAPPADI,
VENGOLA, KUNNATHUNADU TALUK, ERNAKULAM., PIN - 683556
6 SUNNY T.V
AGED 61 YEARS
S/O LATE VARGHESE, THIRUTHIYIL HOUSE, VENGOLA P.O.,
PERUMBAVOOR, ERNAKULAM., PIN - 683556
BY ADVS.
SRI.P.THOMAS GEEVERGHESE, SC - Panchayat
SRI T NAVEEN, SC, PCB
GP, SRI K JANARDHANA SHENOY
SRI.JOSEPH M.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.48525 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.48525 of 2025
------------------------------------------------------
Dated this the 23rd day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"Issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent to consider the application bearing no. BFIF-00526426-2025 and pass an order within a short time frame as deemed fit by this Hon'ble Court.
ii) Issue a writ of mandamus or any other writ, order or direction directing the 3rd respondent to consider the Exhibit P-6 and pass an order within a short time frame as deemed fit by this Hon'ble Court.
iii) to issue a writ of certiorari or any other appropriate writ, order, or direction to set aside the Exhibit P-12 issued by the 2nd respondent.
iv) pass such other reliefs as this Hon'ble Court deems just and necessary.
v) This Honourable Court may be pleased to dispense with
2026:KER:6133
the filing of the translation of vernacular documents." [SIC]
2. When this writ petition came up for
consideration on 08.01.2026, this Court passed the
following order:
"The 2nd respondent will consider the application for license submitted by the petitioner as evident by Ext.P3 receipt and pass orders in it within two weeks. A copy of the order will be produced before this Court.
Post along with WP(C) No.47852/2025 on 23.01.2026."
3. The Standing Counsel appearing for the 2 nd
respondent submitted that the 2 nd respondent considered
the matter and informed the petitioner that his building is a
commercial building and it has to be changed to GI
category industrial building for conducting a car washing
unit. A communication is issued to the petitioner is the
submission. The counsel for the petitioner submitted that
he has not received such a communication.
If that be the case, The 2nd respondent will sent the
communication to the petitioner, either directly to the
petitioner or by registered post. If the petitioner is
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aggrieved by that communication, the petitioner is free to
challenge the same, in accordance with law.
With the above observation, this Writ Petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 23.01.2026
Judgment dictated 23.01.2026
Draft Judgment placed 24.01.2026
Final Judgment uploaded 27 .01.2026
2026:KER:6133
APPENDIX OF WP(C) NO. 48525 OF 2025
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE LICENSE DATED 07.03.2025 ISSUED BY THE 1ST RESPONDENT.
Exhibit P-2 A TRUE COPY OF THE LEASE AGREEMENT DATED 01.10.2025, EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. Exhibit P-3 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 03.11.2025 ISSUED BY THE 1ST RESPONDENT .
Exhibit P-4 A TRUE COPY OF THE BUILDING CERTIFICATE DATED 01.11.2025, ISSUED BY THE 1ST RESPONDENT.
Exhibit P-5 A TRUE COPY OF THE TAX RECEIPT DATED 03.11.2025 ISSUED BY THE 2ND RESPONDENT .
Exhibit P-6 A TRUE COPY OF THE ONLINE APPLICATION RECEIPT DATED 04.11.2025 OBTAINED IN THE PHOENIX PORTAL OF THE 3RD RESPONDENT.
Exhibit P-7 A TRUE COPY OF THE PAYMENT RECEIPT DATED 04.11.2025 ISSUED BY THE 3RD RESPONDENT .
Exhibit P-8 A TRUE COPY OF THE SHOW CAUSE LETTER DATED 12.12.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER . Exhibit P-9 A TRUE COPY OF THE FIR NO. 2432 /2025 OF PERMBAVOOR POLICE STATION Exhibit P-10 A TRUE COPY OF THE COMPLAINT LETTER DATED 17.12.2025 SUBMITTEDBY THE 5TH RESPONDENT TO THE 2ND RESPONDENT . Exhibit P-11 A TRUE COPY OF THE INERIM ORDER DATED 19.12.2025 IN W.P. ( C ) NO. 47852/2025 OF THIS HON'BLE COURT Exhibit P-12 A TRUE COPY OF THE LETTER DATED 23.12.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER .
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