The Kerala High Court, per Devan Ramachandran J., dismissed W.P.(C) No.21107 of 2019, citing that the same matter was already considered in a related writ petition heard on the same day, reserving liberty for future contentions.
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 DEVAN RAMACHANDRAN
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
WP(C).No.21107 OF 2019(K)
PETITIONERS:
1 KARUNAKARAN AGED 75 YEARS S/O.AYYAPPAN, KOZHIPPURATHU HOUSE, KURENJIYOOR P.O., PUNNAYUR, CHAVAKKAD, THRISSUR DISTRICT.
2 K.N.VELAYUDHAN, AGED 69 YEARS S/O.AYYAPPAN, KOZHIPPURATHU HOUSE, KURENJIYOOR P.O., PUNNAYUR, CHAVAKKAD, THRISSUR DISTRICT.
3 MADHAVAN, AGED 72 YEARS S/O.RAGHAVAN NAIR, ITTOKATTE HOUSE, KURENJIYOOR P.O., PUNNAYUR, CHAVAKKAD, THRISSUR DISTRICT.
4 ABDU V., AGED 69 YEARS
S/O.ABOOBACKER, VATAKKATTE HOUSE, KURENJIYOOR P.O.,
PUNNAYUR, CHAVAKKAD, THRISSUR DISTRICT.
5 SANTHA, AGED 69 YEARS W/O.NARAYANAN, KURENJIYOOR HOUSE, KURENJIYOOR P.O., PUNNAYUR, CHAVAKKAD, THRISSUR DISTRICT.
6 JOYSON V.T., AGED 44 YEARS S/O.THOMAS, VELLARA HOUSE, KURENJIYOOR P.O., PUNNAYUR, CHAVAKKAD, THRISSUR DISTRICT.
BY ADVS. SRI.DEEPU THANKAN SMT.UMMUL FIDA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
WP(C).No.21107 OF 2019 2
5 THE SECRETARY, PUNNAYOOR GRAMA PANCHAYATH, OFFICE OF THE PUNNAYOOR GRAMA PANCHAYATH, EDAKKARA P.O., THRISSUR, PIN-680518.
7 M/S.P.J.AGRO FOODS (PVT) LIMITED, KURANNIYOOR P.O., CHAVAKKAD, THRISSUR DISTRICT, PIN-680518, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.C.PADMAKUMAR.
R3 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, R4-5 BY ADV. SRI.SAMPATH V. TOMS R7 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R7 BY ADV. SMT.S.AMBILY R7 BY ADV. SRI.SAJI THOMAS R7 BY ADV. SMT.NAMITHA NAMBIAR R7 BY ADV. SHRI.MICKY THOMAS
G.P. SMT. POOJA SURENDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2019, ALONG WITH WP(C).22279/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21107 OF 2019 3
JUDGMENT
Since I have already considered
W.P(C)No.22279 of 2019, I do not think that
any further orders are required in this writ petition.
I, therefore, close this writ petition;
however, reserving liberty to the parties herein to raise all their contentions when W.P(C)No.22279 of 2019 is heard.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/7.11.19
WP(C).No.21107 OF 2019 4
APPENDIX OF WP(C) 21107/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF 19.10.2016. |
THE STOP MEMO DATED |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DATED 7.11.2016 OF |
MINUTES OF THE MEETING THE PANCHAYATH. |
| EXHIBIT P3 | TRUE COPY OF 15.11.2016. |
THE STOP MEMO DATED |
| EXHIBIT P4 | TRUE COPY OF THE S | TOP MEMO DATED 3.08.2018. |
| EXHIBIT P5 | TRUE COPY OF THE DATED 13.2.2019 OF |
MINUTES OF THE MEETING THE PANCHAYATH. |
| EXHIBIT P6 | TRUE COPY OF THE MORE THAN 400 P INCLUDING THE PETI |
MASS PETITION SIGNED BY EOPLE IN THE LOCALITY TIONERS DATED 15.07.2019. |
| EXHIBIT P7 | TRUE COPY OF THE DATED 15.7.2019 OF |
MINUTES OF THE MEETING THE PANCHAYATH. |
| EXHIBIT P8 | TRUE COPY OF THE O | RDER DATED 25.07.2019. |
| EXHIBIT P9 | TRUE COPY OF THE THE 1ST PETITIONER |
MEDICAL PRESCRIPTIONS OF DATED 21.6.19. |
| EXHIBIT P10 | TRUE COPY OF THE THE 3RD PETITIONER |
MEDICAL PRESCRIPTIONS OF DATED 12.7.19. |
| EXHIBIT P11 | TRUE COPY OF THE THE 4TH PETITIONER |
MEDICAL PRESCRIPTIONS OF DATED 6.11.2018. |
| EXHIBIT P12 | TRUE COPY OF THE THE 5TH PETITIONER |
MEDICAL PRESCRIPTIONS OF DATED 14.7.2017. |
| EXHIBIT P13 | TRUE COPY OF THE MEDICAL CAMP COND 20.06.2019. |
PRELIMINARY REPORT OF UCTED IN CHAVAKKAD DATED |
| RESPONDENT'S/S EX | HIBITS: | |
| EXHIBIT R5(A) | TRUE COPY ORDER IN THE HON'BLE TRIBUN GOVERNMENT INSTITU |
APPEAL NO.522/2018 OF AL FOR LOCAL SELF TIONS. |
| EXHIBIT R7(A) | COPY CERTIFICATE FROM KERALA BOILER |
DATED 07.05.2019 ISSUED INSPECTIOIN DEPT. |
| EXHIBIT R7(B) | COPY OF CERTIFIC | ATE OF STABILITY DATED |
WP(C).No.21107 OF 2019 5
19.01.2019 ISSUED BY THE COMPETENT AUTHORITY. EXHIBIT R7(C) COPY CERTIFICATE DATED 28.03.2016 FROM GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE. EXHIBIT R7(D) COPY OF LICENSE DATED 18.04.2016 FROM FACTORIES & BOILERS DEPARTMENT EXHIBIT R7(E) COPY OF CONSENT TO OPERATE DATED 21.12.2016 ISSUED FROM POLLUTION CONTROL BOARD. EXHIBIT R7(F) COPY OF LICENSE DATED 01.06.2016 ISSUED BY THE SECRETARY, PUNNAYOOR GRAMA PANCHAYAT EXHIBIT R7(G) COPY OF NO.OBJECTION CERTIFICATE DATED 01.06.2016 ISSUED BY THE 5TH RESPONDENT EXHIBIT R7(H) COPY OF CERTIFICATE DATED FOOD SAFETY DEPARTMENT EXHIBIT R7(I) COPY OF NO. OBJECTION CERTIFICATE DATED 30.01.2016 ISSUED BY THE 5TH RESPONDENT FOR ERECTING MACHINERIES TO THE 7TH RESPONDENT EXHIBIT R7(J) COPY OF STOP MEMO DATED 19.10.2016 ISSUED BY THE 5TH RESPONDENT TO THE 7TH RESPONDENT EXHIBIT R7(K) COPY OF STAY ORDER DATED 28.02.2017 OF THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS IN APPEAL 1137/2016. EXHIBIT R7(L) COPY OF LETTER DATED 01.02.2017 ISSUED TO SECRETARY, PUNNAYOOR GRAMA PANCHAYAT BY THE DISTRICT INDUSTRIES CENTRE. EXHIBIT R7(M) COPY OF ORDER DATED 29.03.2017 IN W.P.C.8749 OF 2017 OF THIS HON'BLE COURT. EXHIBIT R7(N) COPY OF REPORT DATED 05.04.2017 OF THE ADVOCATE COMMISSIONER FILED IN W.P.C.8749/19 EXHIBIT R7(O) COPY OF JUDGMENT DATED 07.04.2017 IN W.P.C.8749 OF 2019 OF THIS HON'BLE COURT EXHIBIT R7(P) COPY OF LICENSE RENEWAL APPLICATION DATED 27.02.2017 (MISTAKENLY SHOWN AS 27.02.2016) FOR 2017-18 SUBMITTED BEFORE PUNNAYOOR GRAMA PANCHAYAT
WP(C).No.21107 OF 2019 6
| EXHIBIT R7(Q) | COPY OF LICENSE RENEWAL APPLICATION DATED 08.02.2018 FOR 2018-19 SUBMITTED BEFORE PUNNAYOOR GRAMA PANCHAYATH. |
|---|---|
| EXHIBIT R7(R) | COPY OF LETTER DATED 03.03.2018 OF THE 5TH RESPONDENT TO THE R7 |
| EXHIBIT R7(S) | COPY OF LETTER DATED 23.03.2018 FROM THE 5TH RESPONDENT TO THE R7 |
| EXHIBIT R7(T) | COPY OF STOP MEMO DATED 03.08.2018 ISSUED BY THE 5TH RESPONDENT TO THE R7 |
| EXHIBIT R7(U) | COPY OF THE REPLY DATED 04.08.2018 SUBMITTED BY THE R7 TO THE 5TH RESPONDENT TO EXHIBIT R7(T) |
| EXHIBIT R7(V) | COPY OF THE CONFIRMATION LETTER DATED 06.08.2018 OF THE 5TH RESPONDENT. |
| EXHIBIT R7(W) | COPY OF ORDER DATED 26.09.2018 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN APPEAL NO.522/2018. |
| EXHIBIT R7(X) | COPY OF APPLICATION DATED 04.02.2019 FOR RENEWAL OF LICENSE FOR THE 7TH RESPONDENT |
| EXHIBIT R7(Y) | COPY OF RECEIPT DATED 05.02.2019 OF THE 4TH RESPONDENT IN PROFF OF RECEIPT OF APPLICATION DATED 04.02.2019. |
| EXHIBIT R7(Z) | COPY OF LETTER DATED 23.02.2019 FROM THE 5TH RESPONDENT TO THE 7TH RESPONDENT. |
| EXHIBIT R7(AA) | COPY OF ORDER DATED 01.03.2019 OF THE LSGD TRIBUNAL |
| EXHIBIT R7(AB) | COPY OF REQUEST DATED 05.03.2019 FILED BY THE 7TH RESPONDENT BEFORE THE 5TH RESPONDENT |
| EXHIBIT R7(AC) | COPY OF LETTER DATED 20.05.2019 FROM THE 5TH RESPONDENT TO THE 7TH RESPONDENT. |
| EXHIBIT R7(AD) | COPY OF THE REPORT DATED 18.04.2019 OF THE HEALTH DEPARTMENT OBTAINED UNDER THE RIGHT TO INFORMATION ACT. |
| EXHIBIT R7(AE) | COPY OF THE REPORT DATED 16.05.2019 OF THE POLLUTION CONTROL BOARD OBTAINED UNDER THE |
WP(C).No.21107 OF 2019 7
RIGHT TO INFORMATION ACT. EXHIBIT R7(AF) COPY OF REQUEST DATED 04.07.2019 FILED BY THE 7TH RESPONDENT BEFORE THE 5TH RESPONDENT EXHIBIT R7(AG) COPY OF REQUEST DATED 12.07.2019 FILED BY THE 7TH RESPONDENT BEFORE THE 5TH RESPONDENT EXHIBIT R7(AH) COPY OF CERTIFICATE DATED 07.08.2019 OF THE THRISSUR DISTRICT INDUSTRIAL SINGLE WINDOW CLEARANCE BOARD. EXHIBIT R7(AI) COPY OF NOTICE DATED 14.08.2019 FROM THE KERALA STATE POLLUTION CONTROL BOARD. MC (TRUE COPY) PA TO JUDGE
Karunakaran and others
State of Kerala
Punnayoor Grama Panchayath
Kerala State Pollution Control Board
P.J. Agro Foods (Pvt) Limited
Devan Ramachandrnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
