The court dismissed the writ petition obiter, holding that since no notice was issued to the 1st respondent (Panchayat) despite defective service to the petitioner, the petition as filed could not survive, effectively treating the defect in service as fatal.
The writ petition (W.P(C). No. 6513 of 2008) is dismissed.
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 K.VINOD CHANDRAN
MONDAY, THE 6TH DAY OF JUNE 2016/16TH JYAISHTA, 1938
WP(C).No. 6513 of 2008 (A)
PETITIONER:
BIJU SEBASTIAN S/O.SEBASTIAN @ DEVASYA, AGED 32 YEARS RESIDING AT KALLUKALAYIL HOUSE, VALAMKULAM MEKKARAVU, AMMINIKKAD, MALAPPURAM DIST.
BY ADV. SRI.S.RAJKUMAR
RESPONDENTS:
1. ALIPPARAMBU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY ALIPPARAMBU, THOOTHA P.O., MALAPPURAM.
2. THE MEDICAL OFFICER PUBLIC HEALTH CENTRE, ALIPPARAMBU.
3. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, MALAPPURAM.
4. TAHSILDAR, TALUK OFFICE PERINTHALMANNA.
BY ADV. SRI.A.SUDHI VASUDEVAN BY ADVS. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD SRI.M.K.CHANDRA MOHANDAS, SC, KSPCB BY GOVERNMENT PLEADER SRI. MANOJ P. KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6513 of 2008 (A)
APPENDIX
PETITIONER'S EXHIBITS :-
| EXT.P1 | - | COPY OF THE JUDGMENT DATED 19.09.2007 IN WP(C) NO.22153 OF 2007. |
|---|---|---|
| EXT.P2 | - | COPY OF THE CONSENT CERTIFICATE NO.PCB/MLPM/ CO/139/ 2007 DATED 14.12.2007 ISSUED BY THE 3RD RESPONDENT. |
| EXT.P3 | - | COPY OF THE OWNERSHIP CERTIFICATE NO.C.139/08 DATED 31.01.2008 ISSUED BY 1ST RESPONDENT. |
| EXT.P4 | - | COPY OF THE NOTICE NO.B.228/07 DATED 28.01.2008 ISSUED BY 1ST RESPONDENT TO PETITIONER. |
| EXT.P5 | - | COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S FARM. |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
---------------------------------W.P(C). No.6513 of 2008-A
---------------------------------Dated this the 6th day of June, 2016
JUDGMENT
None appears for the petitioner when the matter was taken up for hearing. Though notice was issued at the time of admission, the process paid was defective. The petitioner was also granted two weeks' time to cure the defect vide order dated 21.01.2011. No notice has been issued as of now to the Panchayat, which had reject the grant of the piggery licence; which is the subject matter of the writ petition. Considering the fact that no notice was issued, nothing survives in the writ petition.
W.P.(C) No.
2
Hence the above writ petition would stand
dismissed. No costs.
Sd/-
K. VINOD CHANDRAN,
JUDGE.
//True Copy//
P.A. to Judge.
sp/06/06/16
3 issues framed by the court
Whether the writ petition survives for hearing given defective process payment and failure to issue notice.
Whether the court can dismiss the petition for lack of notice to respondents.
Whether the defect in cognizance of defective process warrant dismissal of the writ petition.
BIJU SEBASTIAN
ALIPPARAMBU GRAMA PANCHAYATH
THE MEDICAL OFFICER PUBLIC HEALTH CENTRE, ALIPARAMBU
KSPCB
TAHSILDAR, PERINTHALMANNA
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
