This writ petition was dismissed as withdrawn. The petitioner sought to close down a coal/charcoal business by respondents for operating without a licence, but later withdrew the petition without prejudice to claims.
Writ petition withdrawn with liberty to adduce evidence for future proceedings.
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 ANIL K.NARENDRAN
MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942 WP(C).No.18240 OF 2013(D)
PETITIONER:
B.A KASIM, AGED 34 YEARS S/O A.M ABDULLA, BELLORADKA, KALKATTA POST, KASARAGOD 671123
BY ADVS. SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL
RESPONDENTS:
1 THE DISTRICT COLLECTOR KASARAGOD 671121
2 THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, M.A.M, ARCADE, NEAR RAILWAY STATION, KANHANGAD 671315
*3 CHENGALA GRAMA PANCHAYAT THROUGH ITS SECRETARY CHENGALA 671541 4 VIJEESH, S/O VASU, VAKAKARA, KUTTIYADI, KOZHIKODE DISTRICT 673101 (DELETED)
*THE 4TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 24.10.13 IN I.A.13929 OF 2013
R1 BY SRI JESTIN MATHEW - GOVERNMENT PLEADER R3 BY ADV. SRI.M.S.IMTHIYAZ AHAMMED R5 BY ADV. SRI.SURESH KUMAR KODOTH R BY ADV. SRI.SHIRAZ ABDULLA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18240 OF 2013(D)
2
JUDGMENT
The petitioner, who is a resident of the 3rd respondent Grama Panchayat, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent to immediately close down the coal/charcoal business conducted by respondents 4 and 5 in the southern side of his property. In the writ petition, it is alleged that respondents 4 and 5 are conducting such business without obtaining licence from the 3rd respondent Grama Panchayat, as per the provisions under the Kerala Panchayat Raj Act, 1994 and also the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996.
WP(C).No.18240 OF 2013(D)
3
delete the 4th respondent from the party array, which was allowed, at the risk of the petitioner, by the order dated 24.10.2013.
Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/4/8
B.A Kasim
The District Collector Kasaragod
The Kerala State Pollution Control Board
Chengala Grama Panchayat
Abdul Rahman
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
