The Court quashed the Panchayat's rejection of a hot mix plant application, directing the Secretary to follow Section 233(4) procedures. It dismissed resident petitions challenging the issuance of permissions.
Order directing the Secretary to follow Section 233(4) procedures and grant permission within 30 days if reports are obtained.
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 A.MUHAMED MUSTAQUE
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
WP(C).No.774 OF 2020(V)
PETITIONER/S:
3 POLY XAVIER, THEGUMKUDIYIL HOUSE, KAVALANGAD P.O., NELLIMATTOM, ERNAKULAM DISTRICT-686 693.
BY ADVS.
SRI.P.V.BABY SRI.A.N.SANTHOSH
RESPONDENT/S:
1 SRI.BOSE WELL JOHN, THAZHATHOOTTU HOUSE, KAVALANGAD, P.O. NELLIMATTOM, ERNAKULAM DISTRICT-686 693.
WP(C).No.774/2020 and conn.cases 2
ADDL.R6. CHEERAN STRUCTURALS, 11/124M, CHALISSERY.P.O, PALAKKAD-679536, REPRESENTED BY ITS MANAGING PARTNER SHIRILSON.C.MATHEWS.
(IS IMPLEADED AS PER ORDER DATED 11.02.2020 IN IA 2/2020 IN W.P.(C) 774/2020.)
ADDL.R7 DISTRICT TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, NEAR GCDA OFFICE, KADAVANTHRA, KOCHI-682020.
(IS IMPLEADED SUO MOTU AS PER COMMON ORDER DATED 08/09/2020 IN WP(C)774/2020 AND 3846/2020.
R1 BY ADV. SRI.SOJAN JAMES
R2 BY ADV. SRI.PEEYUS A.KOTTAM
R6 BY ADV. K.I.MAYANKUTTY MATHER
BY SRI.T.NAVEEN, STANDING COUNSEL
BY SENIOR GOVERNMENT PLEADER, SRI.S GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-122020, ALONG WITH WP(C).3846/2020(E), WP(C).22609/2020(A), THE COURT ON 17-12-2020 DELIVERED THE FOLLOWING:
WP(C).No.774/2020 and conn.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
WP(C).No.3846 OF 2020(E)
PETITIONER/S:
CHEERAN STRUCTURALS, 11/124M, CHALISSERY P. O., PALAKKAD - 679 536, REPRESENTED BY ITS MANAGING PARTNER - SHIRILSON C. MATHEW.
BY ADVS. SRI.K.I.MAYANKUTTY MATHER KUM.NARAYANI HARIKRISHNAN SMT.SWATHI H.PRASAD SMT.T.K.SREEKALA SRI.V.V.ASOKAN (SR.)
RESPONDENT/S:
WP(C).No.774/2020 and conn.cases 4
6 UMMER M. M., MANALUMPARA, P. O. NELLIMATTOM, PULYANPARA, KAVALANGAD, ERNAKULAM - 686 693.
7 POLY XAVIER, THEGUMKUDIYIL HOUSE, P. O. NELLIMATTOM, PULYANPARA, KAVALANGAD, ERNAKULAM - 686 693.
WP(C).No.774/2020 and conn.cases 5
ADDL.R17 IBRAHIM ALIYAR, AGED 47 YEARS, S/O.LATE ALIYAR, MAROTTICKAL, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.
(ARE IMPLEADED AS ADDITIONAL RESPONDENTS 8 TO 17 AS PER ORDER DATED 28.07.2020 IN I.A.NO.3 OF 2020)
ADDL.R18 THE DISTRICT TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, NEAR GCDA OFFICE, KADAVANTHRA, KOCHI - 682020.
(IS SUO MOTU IMPLEADED AS PER ORDER DATED 08.09.2020 IN WP(C) NO. 3846/2020.)
BY ADV. SRI.PEEYUS A.KOTTAM
BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY ADV. SRI.P.V.BABY BY ADV. G.SREEKUMAR (CHELUR)
BY SRI.T.NAVEEN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-122020, ALONG WITH WP(C).774/2020(V), WP(C).22609/2020(A), THE COURT ON 17-12-2020 DELIVERED THE FOLLOWING:
WP(C).No.774/2020 and conn.cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
WP(C).No.22609 OF 2020(A)
PETITIONER/S:
ANAS MUHAMMED, AGED 40 YEARS, S/O. MUHAMMED, MOLTHAL HOUSE, NELLIMATTOM P.O, ERNAKULAM DISTRICT-686 693.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001.
2 THE KAVALANGAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NELLIMATTOM P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT-686 693.
3 THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE-II, ERNAKULAM-682 020.
4 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER, KUNNAPURAM, CIVIL STATION ROAD, KAKKANADU, ERNAKULAM, KERALA-682 030.
5 M/S.CHEERAN STRUCTURAL, REPRESENTED BY ITS MANAGING PARTNER SHIRINSON C MATHEW, 11/124M, CHALISSERY P.O, PALAKKAD DISTRICT-679 536.
R2 BY ADV. SRI.PEEYUS A.KOTTAM R5 BY ADV. SRI.K.I.MAYANKUTTY MATHER R5 BY ADV. SMT.UTHARA ASOKAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-12-2020, ALONG WITH WP(C).774/2020(V), WP(C).3846/2020(E), THE COURT ON 17-122020 DELIVERED THE FOLLOWING:
WP(C).No.774/2020 and conn.cases 7
JUDGMENT
[ WP(C).774/2020, WP(C).3846/2020, WP(C).22609/2020 ] Dated this the 17th day of December, 2020
These writ petitions relate to the establishment
of a hot mix plant by the writ petitioner in W.P. (C).No.3846/2020 in Kuttamangalam Village of Kothamangalam Taluk. The writ petitioner in W.P. (C).No.3846/2020 is hereinafter referred to as the 'entrepreneur'. The entrepreneur was awarded a contract work of improvement of the road, PanamkuttyNeriamangalam road in Idukki District. In connection with the road work, he proposed to establish a hot mix plant in re-survey Nos.112/1A-24F, 112/1A-25F1 of Kuttamangalam Village.
WP(C).No.774/2020 and conn.cases 8
issued a stop memo on 3/1/2020, directing to stop the construction. Thereafter, the entrepreneur submitted an application for regularisation on 30/1/2020. This application was rejected by the Panchayat committee as per its decision dated 31/1/2020. The entrepreneur filed W.P.(C).No.3846/2020 on 19/2/2020 challenging the above order. In this matter, third parties, who were objecting the issuance of licence on various grounds, got impleaded. Pending the writ petition, the entrepreneur also filed an application for regularisation as required under law for approval of the layout of the building from the District Town Planner, by virtue of Rule 30 of the Kerala Panchayat Building Rules 2019.
WP(C).No.774/2020 and conn.cases 9
challenging the consent issued by the Kerala State Pollution Control Board to the entrepreneur and also the acknowledgment certificate issued to the entrepreneur under the Kerala Micro Small Medium Enterprises Facilitation Rules, 2020. This challenge is mainly on the ground that land in question was an exempted land as a plantation and the land cannot be utilised for non exempted purposes.
WP(C).No.774/2020 and conn.cases 10
erected the hot mix plant and obtained consent from the Pollution Control Board.
the provision for granting permission. It is
appropriate to refer Section 233(4) which reads as follows:
WP(C).No.774/2020 and conn.cases 11
Officer having jurisdiction over the area regarding the adequacy of ventilation, light etc. and sufficiency of the height and size of the rooms and doors and the suitability of exists to be used in case of fire in the plan of factories, workshop, workplace or premises if they came within the purview of the Factories Act, 1948 (Central Act 63 of 1948) and such other matters as may be prescribed ;
(b). a report of the District Medical Officer in case the applicant is a Hospital clinic, para medical institution, clinical laboratories or other health care institution. regarding the possibility of nuisance or pollution if the connected load of the machinery proposed to be installed exceeds 25 HP or if the nature of the machinery and installation are such that it may cause nuisance or pollution; and
(c). a report of the Divisional Fire Officer or any other officer authorised by him regarding the adequacy of fire prevention and fire fighting measures planned if the proposed industry involves the use of high tension power or inflammable or explosive materials;
Provided that, no report under clause (b) shall be called for in respect of any industry if the applicant produces a declaration recommended by an officer of the Industries Department authorised in this behalf or by the Kerala State Pollution Control Board to the effect that such industry would not cause pollution.
In such circumstances, the order impugned in the writ
WP(C).No.774/2020 and conn.cases 12
petition filed by the entrepreneur has to be set aside. Accordingly, I do so.
WP(C).No.774/2020 and conn.cases 13
acknowledgment certificate issued under the Kerala Micro Small Medium Enterprises Facilitation Rules, 2020, is only to be dismissed. If the land in question is a plantation, it is for the appropriate authority to account the land under the ceiling proceedings, if the same was used for non-exempted purposes. The remedy of the petitioner is to approach the revenue authority and the Taluk Land Board. So long as title and interest are not divested, the holder of the land can use the land in accordance with law. Further, no case is made out to challenge the consent issued as well as the acknowledgement certificate.
allowed. The Secretary of the Panchayat is directed to follow the procedure under Section 233(4). If the Secretary obtains necessary report, as referred to under sub section 4, the Village Panchayat is directed to grant permission as referred to under Section
WP(C).No.774/2020 and conn.cases 14
233(3). The entrepreneur's application for
regularisation and approval of layout shall also be taken up for necessary action without any delay. The entire proceedings for granting permission shall be concluded within 30 days. W.P.(C).Nos.774/2020 and 22609/2009 are accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ms
WP(C).No.774/2020 and conn.cases 15
APPENDIX OF WP(C) NO.774/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE PHOTO COPY OF THE STOP MEMO DATED |
|---|---|
| 3/1/2020 ISSUED TO THE 1ST RESPONDENT BY THE | |
| 2ND RESPONDENT LONG WITH ENGLISH TRANSLATION. |
EXHIBIT P2 TRUE COPY OF THE PETITION DATED 6/1/2020 SUBMITTED BY THE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 6/1/2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 9/1/2020 SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT ALONG WITH ENGLISH TRANSLATION. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 9/1/2020 SUBMITTED BY THE 2ND PETITIONER TO THE 5TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.
| EXHIBIT P6 TRUE PHOTOGRAPHS OF THE PHOTOGRAPHS. |
|---|
RESPONDENTS EXHIBITS:
EXHIBIT R6(A) TRUE COPY OF THE BID SELECTION NOTICE ISSUED BY THE SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 06/06/2019.
| EXHIBIT R6(B) | TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE 6TH RESPONDENT WITH SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 27/09/2019. |
|---|---|
| EXHIBIT R6(C) | TRUE COPY OF THE LEASE AGREEMENT ENTERED INTO BETWEEN THE 6TH RESPONDENT AND THE 1ST RESPONDENT DATED 24/12/2019. |
| EXHIBIT R6(D) | TRUE COPY OF THE CONSENT TO ESTABLISH OBTAINED BY THE 6TH RESPONDENT FROM THE POLLUTION CONTROL BOARD DATED 23/01/2020. |
WP(C).No.774/2020 and conn.cases 16
EXHIBIT R6(E) TRUE COPY OF THEMANUFACTURER'S (VIBRANT CONSTRUCTION EQUIPMENTS PVT. LIMITED) BROCHURE DISCLOSING THE FEATURES OF THE HOT MIX PLANT. EXHIBIT R6(F) TRUE COPY OF THE WRITE UP GIVEN BY VIBRANT CONSTRUCTION EQUIPMENT PVT. LIMITED DATED 02/01/2020. EXHIBIT R6(G) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 27/01/2020. EXHIBIT R6(H) TRUE COPY OF THE INTIMATION GIVEN BY THE SUPERINTENDING ENGINEER, PW DEPARTMENT, NH (CENTRAL) CIRCLE, VYTTILA TO THE 6TH RESPONDENT.
//TRUE COPY//
P.S.TO JUDGE
WP(C).No.774/2020 and conn.cases 17
APPENDIX OF WP(C)NO.3846/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE BID SELECTION NOTICE ISSUED BY THE SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 06/06/2019. |
|---|---|
| EXHIBIT P1 (a) | TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE 6TH RESPONDENT WITH SUPERINTENDING ENGINEER, NH (CENTRAL) 01401 CIRCLE, VYTTILA DATED 27/09/2019. |
| EXHIBIT P2 | TRUE COPY OF THE LEASE AGREEMENT ENTERED INTO BETWEEN THE 6TH RESPONDENT AND THE 1ST RESPONDENT DATED 24/12/2019. |
| EXHIBIT P3 | TRUE COPY OF THE CONSENT TO ESTABLISH OBTAINED BY THE 6TH RESPONDENT FROM THE POLLUTION CONTROL BOARD DATED 23/01/2020. |
| EXHIBIT P4 | TRUE COPY OF THE CIRCULAR ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. |
| EXHIBIT P5 | TRUE COPY OF THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. |
| EXHIBIT P6 | TRUE COPY OF THE MANUFACTURER'S (VIBRANT CONSTRUCTION EQUIPMENTS PVT. LTD.) BROCHURE DISCLOSING THE FEATURES OF THE HOT MIX PLANT. |
| EXHIBIT P7 | TRUE COPY OF THE WRITE UP GIVEN BY VIBRANT CONSTRUCTION EQUIPMENTS PVT. LTD. DATED 02/01/2020. |
| EXHIBIT P8 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 27/01/2020. |
| EXHIBIT P9 | TRUE COPY OF THE STOP MEMO ISSUED BY 1ST RESPONDENT TO THE LANDOWNER SRI BOSE WELL JOHN DATED 03/01/2020. |
| EXHIBIT P10 | TRUE COPY OF THE INTIMATION GIVEN BY THE SUPERINTENDING ENGINEER, PW DEPARTMENT, NH (CENTRAL) CIRCLE, VYTTILA DATED 28/01/2020. |
WP(C).No.774/2020 and conn.cases 18
| EXHIBIT P11 | TRUE COPY OF THE PANCHAYATH DATED |
DECISION OF THE 1ST RESPONDENT 31/01/2020. |
|---|---|---|
| EXHIBIT P11A | TRUE COPY OF THE RESPONDENT DATED |
COVERING LETTER OF THE 2ND 06/02/2020. |
| EXHIBIT P12 | TRUE COPY OF THE KOTHAMANGALAM DAT |
DOCUMENT NO.3248/2001, ED 04/07/2001. |
| EXHIBIT P12 (A) | TRUE COPY OF THE KOTHAMANGALAM SRO |
DOCUMENT NO.3257/2001, DATED 06/07/2001. |
| EXHIBIT P12(B) | TRUE COPY OF THE KOTHAMANGALAM, SR |
SETTLEMENT DEED NO.458/2017, O DATED 10/02/2017. |
| EXHIBIT P13 | TRUE COPY OF THE KOTHAMANGALAM SRO |
SALE DEED NO. 4656/1994, DATED 08/08/1994. |
| EXHIBIT P14 | TRUE EXTRACT OF T | HE SETTLEMENT REGISTER. |
| EXHIBIT P14(A) | TRUE COPY OF THE THANDAPER ACCOUNT |
RELEVANT EXTRACT OF THE NO.8888. |
| EXHIBIT P15 | TRUE COPY INVOICE CONSTRUCTION EQUI 01/11/2019. |
ISSUED BY VIBRANT PMENTS PVT. LIMITED DATED |
| EXHIBIT P16 | THE TRUE COPY OF BY THE 3RD RESPON |
THE CONSENT TO OPERATE GIVEN DENT DATED 08/08/2020. |
| EXHIBIT P17 | TRUE COPY OF THE PETITIONER ALONG 19/08/2020. |
APPLICATION SUBMITTED BY THE WITH THE DRAWINGS DATED |
| RESPONDENT'S/S E | XHIBITS: | |
| EXHIBIT R5 A | A TRUE PHOTOCOPY THE KUTTAMANGALAM THANDAPER ACCOUNT |
OF THE CERTIFICATE ISSUED FROM VILLAGE OFFFICE ALONG WITH NO.11 UNDER THE RTI ACT. |
| EXHIBIT R5 B | A TRUE PHOTOCOPY 25/2/2015 ISSUED CHAIRMAN TALUK LA REVENUE DIVISIONA |
OF THE COMMUNICATION DATED BY THE SECRETARY LAND BOARD TO ND BOARD, KOTHAMANGALAM AND L OFFICER, KOTHAMANGALAM. |
WP(C).No.774/2020 and conn.cases 19
| EXHIBIT | R5 C | A TRUE PHOTOCOPY OF THE DECISION OF THE GRAMA SABHA WARD NO.16 OF KAVALANGAD GRAMA PANCHAYATH |
|---|---|---|
| EXHIBIT | R5 D | A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 7/2/2020 SEND UNDER REGISTERED POST BY THE 6TH RESPONDENT TO THE HON'BLE MINISTER FOR REVENUE |
| EXHIBIT | R5 E | A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 7/2/2020 SENT UNDER REGISTYERED POST BY THE 6TH RESPONDENT TO THE RDO, MOOVATTUPUZHA. |
| EXHIBIT | R5 F | A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 13/2/2020 SUBMITTED BY THE ACTION COUNCIL BEFORE THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM |
| EXHIBIT | R5 G | A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12/2/2020 SUBMITTED BY THE ACTION COUNCIL BEFORE THE GENERAL MANAGER, INUDSTRIES CENTRE, ERNAKULAM |
| EXHIBIT | R5 H | A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 13/2/2020 SUBMITTED BY THE ACTION COUNCIL BEFORE THE ENVIRONMENTAL ENGINEER, PERUMBAVOOR |
| EXHIBIT | R5 I | A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 5/2/2020 ISSUED BY VELLIYAMPALLIL HOMEOPATHIC MEDICAL CENTRE, KOTHAMANGALAM. |
| EXHIBIT | R5 J | A TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY ISSUED BY RIJAS NAZAR FROM ASTER MEDCITY, ERNAKULAM |
| EXHIBIT | R5 K | A TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 10/1/2020 FOR AVAILING ASSISTANCE FOR TREATMENT BY DR.C.S.MADHU, SENIOR CONSULTANT, CHERTHALA |
| EXHIBIT | R5 L | A PHOTOCOPY OF THE CERTIFICATE DATED 4/10/2016 ISSUED FROM THE RAJAGIRI HOSPITAL, TO MANJU ISSAC |
| EXHIBIT | R5 M | A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 5/2/2020 ISSUED FROM MAR BASELIOUS MEDICAL MISSION HOSPITAL, KOTHAMANGALAM TO T.J.PAULS. |
WP(C).No.774/2020 and conn.cases 20
EXHIBIT R5 N A TRUE PHOTOCOPY OF THE CERTIFICATE DATED NIL ISSUED FROM ST.JOSEPH'S MISSION HOSPITAL, ANCHAL TO LILLY ABRAHAM
EXHIBIT R15 TRUE COPY INVOICE ISSUED BY VIBRANT CONSTRUCTON EQUIPMENTS PVT.LTD.
//TRUE COPY//
P.S.TO JUDGE
WP(C).No.774/2020 and conn.cases 21
APPENDIX OF WP(C)NO.22609/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LEASE IN THE NAME OF THE 5TH RESPONDENT DATED 24-12-2019
EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE THIRD RESPONDENT TO THE FIFTH RESPONDENT DATED 8-8-2020
EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE 4THR ESPONDENT DATED 7-10-2020
RESPONDENTS EXHIBITS:
EXHIBIT R5(A) TRUE COPY OF THE BID SELECTION NOTICE ISSUED BY THE SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 06/06/2019. EXHIBIT R5(B) TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE 5TH RESPONDENT WITH SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 27/09/2019. EXHIBIT R5(C) TRUE COPY OF THE CONSENT TO ESTABLISH OBTAINED BY THE 5TH RESPONDENT FROM THE POLLUTION CONTROL BOARD DATED 23/01/2020.
EXHIBIT R5(D) TRUE COPY OF THE CIRCULAR BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 01/10/2015.
EXHIBIT R5(E) TRUE COPY OF THE MANUFACTURER'S (VIBRANT CONTRUCTION EQUIPMENTS PVT. LIMITED) BROCHURE DISCLOSING THE FEATURERS OF THE HOT MIX PLANT. EXHIBIT R5(F) TRUE COPY OF THE WRITE UP GIVEN BY VIBRANT CONSTRUCTION EQUIPMENTS PVT. LIMITED DATED 02/01/2020.
EXHIBIT R5(G) TRUE COPY OF THE CONSENT TO OPERATE GIVEN BY THE 3RD RESPONDENT DATED 08/08/2020. EXHIBIT R5(H) TRUE COPY OF KERALA MICRO, SMALL AND MEDIUM ENTERPRISES FACILITATION ACT, 2019.
WP(C).No.774/2020 and conn.cases 22
EXHIBIT R5(I) TRUE COPY OF KERALA MICRO, SMALL AND MEDIUM ENTERPRISES FACILITATION RULES. EXHIBIT R5(J) TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE FROM THE 4TH RESPONDENT DATED 07/10/2020. EXHIBIT R5(K) TRUE COPY OF THE RTI INFORMATION GIVEN BY THE VILLAGE OFFICER, KUTTAMANGALAM, DATED 22/09/2020. EXHIBIT R5(L) TRUE COPY OF THE BASIC TAX REGISTER.
//TRUE COPY//
P.S.TO JUDGE
3 issues framed by the court
Whether the Panchayat can reject an application for permission to establish a hot mix plant without obtaining necessary reports under Section 233(4) of the Kerala Panchayat Raj Act, 1994.
Whether local residents can seek writ of mandamus against public officials not to discharge statutory functions under the law.
Whether the challenge to the consent issued by the Pollution Control Board and the acknowledgement certificate under the MSME Rules is maintainable.
Colour shows how this judgement treated each authority
Kadaplamattom Grama Panchayat v. Johny RoyReferred¶113
Kadaplamattom Grama Panchayat, Kottayam and Another v. Johny Roy [2013 (3) KHC 857]
4 provisions across 2 enactments
George Joseph
Cheeran Structurals
Kavalangad Grama Panchayath
Kerala State Pollution Control Board
Ummmer M.M.
Anas Muhammed
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
