This judgment dismisses a writ petition challenging a stop memo issued by a Panchayat. The court held that the petitioner lacks an exemption certificate for his industrial unit, meaning the license application was rightly rejected. The court directed the petitioner to pursue statutory remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931
WP(C).No. 13939 of 2009(J)
PETITIONER(S): ---------------
PRAJEESH BABU, AGED 31 YEARS, S/O. BABU, PROPRIETOR, M.P. AUTOMOBILES, MOOZHAYIL HOUSE, KUDAYATHOOR.P.O.
BY ADV. SRI.JOY C. PAUL
RESPONDENT(S):
R2 BY ADV.SRI.M.K.CHANDRAMOHAN DAS, S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.13939 OF 2009
Dated this the 10th day of June, 2009
JUDGMENT
WPC.13939/09
Page numbers
petitioner would apply and obtain such a certificate. Therefore, it is vividly clear that as of now, there is no exemption available to the petitioner and the application of the petitioner for licence has been rejected by the competent authority. This means that the petitioner has to work out his statutory remedies before the competent authorities. Without prejudice to that course, this writ petition is only to be dismissed.
Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.10/6.
2 issues framed by the court
Whether the writ petition challenging the stop memo issued by the Panchayat without a valid exemption certificate succeeds.
Whether the petitioner is entitled to a stay or modification of the stop order until he obtains the necessary industrial exemption certificate.
PRAJEESH BABU
KUDAYATHOOR GRAMA PANCHAYATH
THE ASSISTANT ENVIRONMENTAL ENGINEER
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
