Disposed

Sumesh v. Puthoor Grama Panchayath

Kerala HC8 Mar 2021WP(C)/9628/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the granting of consent for a dairy farm. Observing nine-year pendency and the issuance of licenses by authorities, the Court directed respondents to consider the matter only if anything survives after efflux of time.

What did the court decide?

None granted; respondents directed to consider the matter only if anything survives after efflux of time.

Sumesh Vs Puthoor Grama Panchayath — Writ and Judicial Review | 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 SHAJI P.CHALY

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MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

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WP(C).No.9628 OF 2012(C)

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PETITIONER:

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1 SUMESH

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AGED 42 YEARS S/O. BALAN, KUNDAYIL VEEDU, PUTHOOR P.O., THRISSUR DISTRICT.

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2 SURESH S/O. BALAN, -DO-.

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3 SUBASH S/O. BALAN, -DO-. BY ADV. SRI.K.I.SAGEER

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RESPONDENTS:

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1 PUTHOOR GRAMA PANCHAYATH REP. BY ITS SECRETARY, PUTHOOR P.O., THRISSUR DISTRICT-680001.

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2 THE ENVIRONMENTAL ENGINEER

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KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR-680 002.

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3 DISTRICT MEDICAL OFFICER OFFICE OF THE DISTRICT MEDICAL OFFICE, THRISSUR-680001.

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4 GEORGE S/O.LONAPPAN, PUTHUSSERIPIDI, THRIKKOOR P.O., THRISSUR DISTRICT-680 001.

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SRI.SURIN GEORGE IPE (SENIOR GOVERNEMNT PLEADER)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9628 OF 2012(C)

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JUDGMENT

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Dated this the 8^th day of March, 2021

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This writ petition is filed by the petitioner seeking the following reliefs:

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[a]. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents not to grant consent/licence to the 4^th respondent or his associates to run the dairy farm without hearing the objection of the petitioners.

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[b]. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 1^st respondent to issue stop memo to the 4^th respondent from running the dairy farm forthwith.

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(c) Give such other appropriate writ, orders or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

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On an analysis of the pleadings put forth by the petitioner it is evident that it is regarding a dairy farm conducted by the 4th respondent in the year 2012 and such farms are conducted after securing necessary licence from the Panchayat as well as statutory authorities. The 4^th respondent has filed a counter affidavit before this Court, from where I am satisfied that the requirements under various laws are complied with by the 4th respondent in order to start the dairy farm.

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In that view of the matter and since the matter is pending before this

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Court for the past 9 years, it cannot be presumed that anything survives to be considered in this writ petition since licence/consent/permissions are issued by

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WP(C).No.9628 OF 2012(C)

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the statutory authorities for a particular time period, and it must have been varied due to efflux of time.

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In that view of the matter, the writ petition is disposed of directing the respondents to consider the matter only, if anything survives to be adjudicated.

Sd/-

SHAJI P.CHALY

JUDGE

smv

WP(C).No.9628 OF 2012(C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 27/03/2012 IN RESPECT OF THE 1ST PETITIONER'S PROPERTY.

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EXHIBIT P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 27/03/2012 IN RESPECT OF THE 3RD PETITIONER'S PROPERTY.

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EXHIBIT P3 A TRUE COPY OF THE MASS COMPLAINT FILED BY PETITIONERS AND OTHER RESIDENTS IN THE LOCALITY DATED NIL BEFORE THE 1ST RESPONDENT.

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EXHIBIT P4 A TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 27/03/2012.

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RESPONDENT'S EXHIBITS:

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EXHIBIT R1(A) TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.

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EXHIBIT R1(B) TRUE COPY OF THE PROVISIONAL ORDER DATED 28/04/2012 ISSUED BY THE 1ST RESPONDENT PANCHAYAT.

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EXHIBIT R4(A) A TRUE COPY OF THE APPLICATION DATED 11/05/2012 ALONG WITH APPENDIX A2 PROFORMA, PROPOSED SITE PLAN AND ACKNOWLEDGMENT. EXHIBIT R4(B) A TRUE COPY OF THE APPLICATION DATED 12/05/2012 SUBMITTED BEFORE THE POLLUTION CONTROL BOARD. EXHIBIT R4(C) A TRUE COPY OF THE AFFIDAVIT SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT R4(D) A TRUE COPY OF THE CONSENT CERTIFICATE DATED 12/07/2012 ISSUED BY THE 2ND RESPONDENT.

Sumesh v. Puthoor Grama Panchayath

Case brief

What is this about?

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Sumesh v. Puthoor Grama Panchayath

Case brief

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