Disposed

Regent Aluminium and Fabrication Products (Pvt.) Ltd. v. the District Collector, Alappuzha

Kerala HC18 Feb 2014WP(C)/4080/2014

Case brief

AI extract

What is this about?

The petitioner sought a direction to respondents to process its application for an industrial unit consent. The court noted the dismissal of a related premature petition and directed authorities to decide pending permit applications within one month.

What did the court decide?

Direction to respondents to dispose of pending applications for permits and licenses within one month.

Regent Aluminium and Fabrication Products (Pvt.) Ltd… — Service and Employment | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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TUESDAY, THE 18TH DAY OF FEBRUARY 2014/29TH MAGHA, 1935

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WP(C).No. 4080 of 2014 (H)

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PETITIONER:

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REGENT ALUMINIUM AND FABRICATION PRODUCTS (PVT.) LTD. FATHIMA'S KOTTUKULANGARA, KAYAMKULAM P.O. ALAPPUZHADISTRICT, PIN - 690 502 REPRESENTED BY ITS MANAGING DIRECTOR JALALUDIN HAMEED.

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BY ADVS.SRI.K.ABDUL JAWAD SRI.MATHEW A KUZHALANADAN SMT.VINEETHA V.KUMAR

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RESPONDENTS:

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1. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT - 688 001

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2. THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, ALAPPUZHA -688 001

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3. THE ALAPPUZHA MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD, NO.SIND (A107) ALAPPUZHA REPRESENTED BY ITS MANAGING DIRECTOR 688 001

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4. THAZHAKKARA GRAMA PANCHAYATH KALLUMEL P.O., MAVELIKKARA, ALAPPUZHA DISTRICT REPRESENTED BY ITS SECRETARY - 690 110

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5. THE SECRETARY THAZHAKKARA GRAMA PANCHAYATH, KALLUMEL P.O. MAVELIKKARA, ALAPPUZHA DISTRICT 690 110.

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6. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS ENVIRONMENTAL ENGINEER DISTRICT OFFICE, ALAPPUZHA - 688 001.

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7. THE DISTRICT MEDICAL OFFICER, ALAPPUZHA - 688 001

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8. THE INSPECTOR OF FACTORIES AND BOILERS HOSPITAL ROAD, CHENGANNUR ALAPPUZHA DISTRICT -688 001.

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9. GIREESH, AGED 41 YEARS, S/O.RAMAKRISHNAN VRINDHAVANAM, KUNNAM P.O., MAVELIKKARA, ALAPPUZHA DISTRICT - 688 001.

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R1 BY GOVERNMENT PLEADER SRI. K.C. VINCENT R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4080 of 2014 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P-1: TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF PETITIONER FIRM EXT.P-2: TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DTD 19.6.2012 EXT.P-3: TRUE COPY OF THE AGREEMENT DTD 21.6.2012 ENTERED INTO BETWEEN THE PETITIONER AND 3RD RESPONDENT EXT.P-4: TRUE COPY OF THE LETTER ADDRESSED BY THE 3RD RESPONDENT TO THE TAHSILDAR, MAVELIKKARA ON 23.6.2012 EXT.P-5: TRUE COPY OF THE 'CONSENT TO ESTABLISH' THE UNIT VALID UPTO 12.8.2015 EXT.P-6: TRUE COPY OF THE LETTER DTD 16.11.2012 ADDRESSED BY THE 5TH RESPONDENT TO THE DISTRICT TOWN PLANNER, ALAPPUZHA. EXT.P-7: TRUE COPY OF THE ORDER DATED 27.3.2013 ISSUED BY TOWN PLANNER EXT.P-8: TRUE COPY OF THE LETTER DTD 13.5.2013 ISSUED BY ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES ALAPPUZHA TO THE PETITIONER EXT.P-9: TRUE COPIES OF DEMAND DRAFT AND CHALAN EVIDENCING THE PAYMENT OF PRESCRIBED FEE BEFORE THE SINGLE WINDOW CLEARANCE BOARD FIRE AND RESCUE SERVICES AND THE 7TH RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

// TRUE COPY//

PA TO JUDGE

Scl.

P.N.RAVINDRAN, J.

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W.P.(C).No.4080 of 2014

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Dated this the 18^th day of February, 2014

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JUDGMENT

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The prayer in this writ petition is for an order directing the respondents to process the application submitted by the petitioner for establishment of an industrial unit pursuant to Ext.P5 consent to establish an Aluminium Fabrication Unit granted by the Kerala State Pollution Control Board notwithstanding the pendency of W.P.(C) No.28219 of 2013 presently pending in this Court. It is stated that the applications field by the petitioner before various authorities including the local authority are kept pending notwithstanding the fact that the Kerala State Pollution Control Board has granted consent to establish an aluminium manufacturing unit.

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I have by judgment delivered today dismissed W.P.(C) No.28219 of 2013 as premature. In such circumstances, I am of the opinion that the competent authorities among the respondents should consider the various applications submitted by the petitioner for the grant of necessary permits and licenses and take an expeditious decision thereon in accordance with law.

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I accordingly dispose of the writ petition with a direction to the respondents before whom various applications filed by the petitioner for permits and licenses are pending, to dispose the said

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W.P.(C).No.4080 of 2014

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..2..

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applications expeditiously and in any event within an outer limit of one month from the date of receipt of a copy of this judgment.

Sd/-

P.N.RAVINDRAN,

JUDGE.

rkc.

Regent Aluminium and Fabrication Products (Pvt.) Ltd. v. the District Collector, Alappuzha

Case brief

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Regent Aluminium and Fabrication Products (Pvt.) Ltd. v. the District Collector, Alappuzha

Case brief

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