In a writ petition challenging an industry's operation due to alleged lack of proper inspection and proximity to residences, the Court closed the pending matter after noting the appropriate authority is the correct forum for challenges. No interim order was granted.
The writ petition is closed, leaving contentions for appropriate authority.
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 12TH DAY OF JUNE 2017/22ND JYAISHTA, 1939
WP(C).No. 3281 of 2011 (I)
PETITIONER(S):
1. SYED M.A. @ HAZAINAR, S/O.ANTHAN, MUTHUVASSERIL HOUSE, PANIPRA, KOTTAPPADY, KOTHAMANGALAM-686 692.
2. K.R. JINESH, S/O.RAMAKRISHNAN, KARIKKAT HOUSE, PANIPRA, KOTTAPPADY, KOTHAMANGALAM, PIN- 686 692.
BY ADV. SRI.C.DILIP.
RESPONDENT(S):
1. KOTTAPPADY GRAMA PANCHAYATH, KOTTAPPADY, PANIPRA P.O., KOTHAMANGALAM, PIN-686 692, REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, KOTTAPPADY GRAMA PANCHAYATH, KOTTAPPADY, PANIPRA P.O., KOTHAMANGALAM-686 692.
3. M/S.TAZA PLYWOODS, PANIPRA P.O., KOTHAMANGALAM, REPRESENTED BY ITS PROPRIETOR, ABDUL RAHIMAN, S/O.MOIDU HAJI, THOTTATHIKUDY HOUSE, PANIPRA, KOTTAPPADY, PIN-686 692.
R3 BY ADVS. SRI.ADEEP ANWAR, SRI.PRAVEEN K. JOY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 3281 of 2011 (I)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
K. Vinod Chandran, J
-----------------------------------W.P(C) No.3281 of 2011-I
Dated, this the 12th day of June, 2017
JUDGMENT
The writ petition was filed against the carrying on of an
industry by the 3rd respondent.
WP(C) No.3281 of 2011 - 2 -
the fact that the matter has been pending for long, this Court is of the opinion that the writ petition can be closed leaving open the contentions of either parties to be urged before the appropriate authority, if found necessary. Ordered accordingly.
Sd/K.Vinod Chandran Judge.
vku/-
[ true copy ]
1 issue framed by the court
Whether the writ petition challenging the operation of an industrial unit can be closed given the prolonged pendency and lack of interrim order.
SYED M.A. @ HAZAINAR
K.R. JINESH
KOTTAPPADY GRAMA PANCHAYATH
THE SECRETARY, KOTTAPPADY GRAMA PANCHAYATH
M/S.TAZA PLYWOODS
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
