Allowed

Jalaludeen Kunju, v. the Secretary

Kerala HC3 Nov 2021WP(C)/9402/2021

Case brief

AI extract

What is this about?

Writ petition filed for mandamus to stop unlicensed sawmill functioning by Lying Authority to stop sawmill functioning and direct police to provide protection for authorities.

What did the court decide?

Directs Respondents 1 and 6 to implement Exhibits P2, P5, P7, and P8 to stop the sawmill within two weeks; Directs police to provide protection; Conditions implementation on orders remaining unmodifie

Jalaludeen Kunju, Vs the Secretary — Landlord and Tenant | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

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WP(C) NO. 9402 OF 2021

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PETITIONERS:

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JALALUDEEN KUNJU, AGED 65 YEARS S/O ABDUL RASACK, KARINGATTIL PADINJATTETHIL HOUSE, MUKUNDAPURAM P.O, CHAVARA, KOLLAM DISTRICT, PIN-691585. BY ADVS. ALIAS M.CHERIAN SRI.K.M.RAPHY SMT.ANJALY ELIAS SHRI.BRISTO S PARIYARAM

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RESPONDENTS:

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1 THE SECRETARY, CHAVARA GRAMA PANCHAYATH, CHAVARA P.O, KOLLAM DISTRICT, PIN-691583. 2 THE DEPUTY RANGE FOREST OFFICER, SOUTH KUMARAMPEROOR STATION, KUMARAMPEROOR P.O, KOLLAM DISTRICT, PIN-689662. 3 TEH ENVIRONMENTAL ENGINEER POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM-691013. 4 THE ADDITIONAL FACTORY INSPECTOR, OFFICE OF THE ADDITIONAL FACTORY INSPECTOR, CIVIL STATION, KOLLAM DISTRICT, PIN-691013. 5 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD, CHAVARA ELECTRICAL SECTION, CHAVARA P.O, KOLLAM DISTRICT, PIN-691583. 6 THE CIRCLE INSPECTOR OF POLICE

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WP(C) NO.9402/2021

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CHAVARA POLICE STATION, CHAVARA P.O, KOLLAM DISTRICT, PIN-691583.

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7 NOUSHAD AGED 60 YEARS S/O ABOOBACKER KUNJU, AKALIYIL KIZHAKKETHIL HOUSE, CHAVARA P.O, KOLLAM DISTRICT, PIN-691583.

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8 MUMTHAZ AGED 58 YEARS D/O SHAMSUDEEN KUNJU, KATTUMPURATHU PUTHENVEETTIL, KADATHUR, KULASEKHARAPURAM P.O, KARUNAGAPALLY, KOLLAM DISTRICT, PIN-690544. BY ADV M.R.SASITH, SC – R1 SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER, FOREST

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.9402/2021

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P.V.KUNHIKRISHNAN, J

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W.P.(C)No.9402 of 2021

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Dated this the 03^rd day of November 2021

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JUDGMENT

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The above writ petition is filed with

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following prayers:

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“a) To issue a writ of mandamus or any other appropriate writs, directions or orders directing respondents 1, 5 and 6 to implement Ext.P2, P5, P7 and P8/orders by stopping the functioning of the sawmill/Mumthaz Industires conducted by 7^th respondent in the property comprised in Resurvey No.235/6 in Chavara Village in Kollam District.

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b) To grant such other reliefs which are deem fit and proper in the facts and circumstances of the case.

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c) To grant the cost of the petitioner for these proceedings from respondents.”

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2. The grievance of the petitioner is that

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the 7^th respondent is conducting a saw mill

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adjacent to the residential property of the petitioner without any licence and permission

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WP(C) NO.9402/2021

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from the Panchayath, Forest department, Pollution Control Board, Inspectorate of Factories etc., Exts.P2, P5, P7 and P9 are the orders passed by the authority concerned to stop

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the saw mill. But it is the case of the petitioner that the 7^th respondent is not obeying the same and continuing the illegal activities.

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3. When this writ petition came up for consideration, this Court issued notice to respondents 1, 7 and 8. Even though the notice was issued to 7^th respondent, the same was not returned even after 30 days. Hence this Court declared that service of notice to 7^th respondent is complete.

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4. The learned counsel for the Panchayath

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also admitted that the 7^th respondent is conducting the saw mill without getting permission from any statutory authorities and the Panchayath approached the Station House Officer to give sufficient help to implement the orders passed to stop the illegal activities of

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WP(C) NO.9402/2021

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the 7^th respondent. It is the case of the Panchayath that the Police is not giving sufficient protection to do the needful. From the stand of the Panchayath, it is clear that the 7^th respondent is conducting the saw mill without any licence or permission from the statutory authorities. The prayer in this writ petition is to implement Exts.P2, P5, P7 and P8 orders by stopping the functioning of saw mill conducted by the 7^th respondent. I think, this prayer can be allowed and the police also can be directed to give sufficient protection to the Panchayath to do the needful.

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Therefore, this writ petition is allowed in the following manner:

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(i) Respondents 1 and 6 are directed to see that Exts.P2, P5, P7 and P8 orders are implemented forthwith, at any rate, with in two

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weeks from the date of receipt of a copy of this judgment.

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(ii) If there is any objection from the

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WP(C) NO.9402/2021

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7^th respondent to obstruct the implementation of Exts.P2, P5, P7 and P8, the police will give adequate police protection to the 1^st respondent to implement those orders.

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(iii) I make it clear that the above

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direction is available only if Exts.P2, P5, P7 and P8 orders are not varied or modified by any competent authorities.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

WP(C) NO.9402/2021

APPENDIX OF WP(C) 9402/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF ORDER NO. 213/18-AIF/KLM
	DATED 05/05/2018 ISSUED BY 4TH RESPONDENT.
EXHIBIT P2	TRUE COPY OF ORDER NO.C12/5541/18
	DATED 18/12/2018 ISSUED BY 1ST RESPONDENT.
EXHIBIT P3	TRUE COPY OF ORDER NO.PAN/26786/2018- C2(DP) DATED 24.12.2018 ISSUED BY THE DIRECTOR OF PANCHAYATH.
EXHIBIT P4	TRUE COPY OF ORDER NO.C12-5541/18
	DATED 19/01/2019 ISSUED BY 1ST RESPONDENT.
EXHIBIT P5	TRUE COPY OF NOTICE DATED 08/02/2019 ISSUED BY 2ND RESPONDENT.
EXHIBIT P6	TRUE COPY OF LETTER NO.C12-5541/18 DATED 02.03.2019 ISSUED BY 1ST RESPONDENT.
EXHIBIT P7	TRUE COPY OF ORDER NO.C12-5541/18
	DATED 04/04/2019 ISSUED BY 1ST RESPONDENT.
EXHIBIT P8	TRUE COPY OF ORDER NO.C12-5541/19
	DATED 16/09/2019 ISSUED BY 1ST RESPONDENT.
EXHIBIT P9	TRUE COPY OF ORDER NO.C12-5541/19 DATED 04/10/2019 ISSUED BY 1ST RESPONDENT.
EXHIBIT P10	TRUE COPY OF VIDEO BRONCHOSCOPY DATED 30.11.2017 ISSUED FROM TRAVANCORE MEDICAL COLLEGE AND HOSPITAL, KOLLAM.
EXHIBIT P11	TRUE COPY OF FUNCTION REPORT DATED NIL

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WP(C) NO.9402/2021

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ISSUED BY KIMS HOSPITAL.

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EXHIBIT P12 TRUE COPY OF DISCHARGE SUMMARY DATED 28/02/2018 ISSUED FROM TRAVANCORE HEART INSTITUTE, KOLLAM. EXHIBIT P13 TRUE COPY OF COMPLAINT DATED NIL SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT. EXHIBIT P14 TRUE COPY OF COMPLAINT DATED NIL SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. EXHIBIT P15 TRUE COPY OF INTERIM ORDER DATED 06/10/2018 IN I.A. NO. 2343 OF 2018 N O.S. NO. 378 OF 2018 PASSED BY HON'BLE MUNSIFF COURT, KARUNAGAPALLY.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Jalaludeen Kunju, v. the Secretary

Case brief

What is this about?

What did the court decide?

Jalaludeen Kunju, v. the Secretary

Case brief

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What did the court decide?

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