In a writ petition challenging an order mandating the closure of a tar mixing plant, the Court directed the Panchayat to reconsider the order in light of the petitioner's written representation.
Directed the Panchayat to reconsider the closure order in light of the petitioner's representation; interim status quo continued for up to 6 weeks.
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 ANTONY DOMINIC
THURSDAY, THE 21ST DAY OF JUNE 2012/31ST JYAISHTA 1934
WP(C).No. 1988 of 2011 (W)
PETITIONER :
NIZAMUDHEEN A. THOPPIL CONSTRUCTIONS,THOLIKUZHY, ADAYAMON P.O. THATTATHUMALA, KILIMANOOR, THIRUVANANTHAPURAM-695614
BY ADV. SRI.AJITH KRISHNAN
RESPONDENT(S):
1. CHIRAKKARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, CHIRAKKARA P.O., KOLLAM-691578
2. DISTRICT COLLECTOR, KOLLAM, PIN-691001
R1 BY ADV. SRI.V.VENUGOPALAN NAIR R2 BY GOVT. PLEADER SRI. M.A. ABDUL SHUKOOR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 1988 of 2011 (W)
APPENDIX
PETITIONER'S EXHIBITS :
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
ANTONY DOMINIC, J.
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W.P.(C) NO.1988 OF 2011-W
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Dated this the 21st day of June, 2012
J U D G M E N T
Petitioner approached this court challenging Ext.P3, a communication issued by the first respondent stating that a tar mixing plant operated by him has to be stopped. On receipt of Ext.P3, petitioner filed Ext.P4 representation, disputing the averments in Ext.P3 and it is immediately thereafter that this writ petition was filed. On the strength of an order of status quo obtained from this court the unit is still functioning.
WPC.No. 1988/2011
:2 :
force.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No. 1988/2011
:3 :
2 issues framed by the court
Whether the Panchayat should reconsider the order staying the petitioner's unit after receiving the petitioner's dispute.
Whether the existing interim order of status quo should remain in force pending final orders.
Nizamudheen A. Thoppil Constructions
Chirakkara Grama Panchayath
District Collector, Kollam
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
