In this writ petition alleging non-consideration of a D&O license renewal application by the Panchayat, the High Court of Kerala disposed of the matter without recording observations on the merits after counsels suggested arguments could be heard before the Council.
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
SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938
WP(C).No. 9555 of 2016 (T)
PETITIONER(S):
VARGHESE, AGED 61 YEARS, S/O. POULO, CHIRACKAL AIROOKKARAN KARUKUTTY KARA, KARUKUTTY VILLAGE, PADUVAPURAM P.O.
BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. KARUKUTTY GRAMA PANCHAYAT
REPRESENTED BY SECRETARY,
KARUKUTTY P.O. 683 576.
3. THRESSIA, AGED 75 YEARS,W/O.LATE KUNJU VAREETH, CHIRACKAL AIROOKKARAN HOUSE,PANTHACKAL, KARUKUTTY KARA,KARUKUTTY VILLAGE, ALUVA TALUK,PADUVAPURAM P.O., 683 582.
R1 BY SENIOR GOVERNMENT PLEADER SRI. RENIL ANTO
R2 BY ADV. SRI.G.SANTHOSH KUMAR (P). R3 BY ADVS.SRI.P.P.THAJUDEEN
SMT.C.SEENA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 9555 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
| P1: | TRUE COPY OF JUDGMENT IN WPC NO.13253/12 DATED 8/6/12 OF THIS HON'BLE COURT |
|---|---|
| P2: | TRUE COPY OF JUDGMENT IN WPC NO.11967/12 DATED 20/7/12 OF THIS HON'BLE COURT |
| P3: | TRUE COPY OF SANITATION CERTIFICATE ISSUED BY HEALTH INSPECTOR PALISSERY TO THE UNIT OF THE PETITIONER BEARING NO.PHC/SC/2012/22 DATED 16/7/12. |
| P4: | TRUE COPY OF CONSENT TO OPERATE ISSUED TO THE UNIT OF THE PETITIONER FROM ERNAKULAM DISTRICT OFFICE OF KERALA STATE POLLUTION CONTROL BOARD BEARING NO.PCB/EKM/DO-1/1CO-68/12 DATED 18/9/12. |
| P5: | TRUE COPY OF LICENCE NO.183/15-16 DATED 9/6/15 ISSUED TO THE UNIT OF THE PETITIONER BY 2ND RESPONDENT |
| P6: | TRUE COPY OF RENEWED CONST TO OPERATE ISSUED TO THE PETITIONER BY POLLUTION CONTROL BOARD ON 7/12/2015 BEARING NO.PCB/EKM/DO-1/CO-88/2012. |
| P7: | TRUE COPY OF LICENCE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 27/2/2016 |
| P8: | TRUE COPY OF THE PLAINT IN OS.50/2016 OF MUNSIFF'S COURT, ALUVA DATED 28/1/2016 |
| P9: | COPY OF ORDER NO. C3-6339/2015 DT 6/4/2016 ISSUED BY THE R2 TO THE PETITIONER. |
| P10: | COPY OF LETTER NO.PCB/EKM/DO-1/OA-1730/2015 DT 28/4/2016 SENT BY ENVIRONMENTAL ENGINEER TO THE PETITIONER |
| RESPOND | ENT(S)' EXHIBITS : NIL. |
| //TRUE COPY// | |
| P.A. TO JUDGE |
bp
K. VINOD CHANDRAN, J.
-----------------------------------------W.P.(C) No. 9555 of 2016 (T)
Dated: 17th December, 2016
J U D G M E N T
The petitioner had filed the writ petition aggrieved with the fact that the application for renewal of D&O license was not considered by the Panchayat.
W.P.(C) No.9555/2016
-2-
The writ petition is disposed of without any
observation on merits.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 17/12/16
VARGHESE
STATE OF KERALA
KARUKUTTY GRAMA PANCHAYAT
THRESSIA
K VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
