Remanded

Sreekumar K.S. v. Aroor Grama Panchayath

Kerala HC12 Dec 2022WP(C)/19053/2022

Case brief

AI extract

What is this about?

In conjunction with W.P.(C) No.19053 of 2022, the petitioner sought vacation of notice for unauthorized construction and relief pending appeal to the Tribunal. The court stayed coercive demolition proceedings for three weeks, directing the petitioner to secure necessary clearances.

What did the court decide?

Stay of coercive proceedings for demolition for three weeks; petitioner to obtain Trade Licence and Pollution Control Board NOC.

Sreekumar K.S. Vs Aroor Grama Panchayath — Writ and Judicial Review | Kerala HC (2022)

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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 N.NAGARESH

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MONDAY, THE 12^TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944 WP(C) NO. 19053 OF 2022

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PETITIONER:

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SREEKUMAR K.S. AGED 49 YEARS MANAGING PARTNER, MORE ACQUATIC PRODUCTS, CHANDIROOR, AROOR, ALAPPUZHA DISTRICT.

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BY ADV N.MAHESH

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RESPONDENTS:

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1 AROOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, OFFICE OF THE AROOR GRAMA PANCHAYATH, AROOR P.O., CHERTHALA, ALAPPUZHA-688 534.

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2 THE SECRETARY, AROOR GRAMA PANCHAYATH, OFFICE OF THE AROOR GRAMA PANCHAYATH, AROOR P.O., CHERTHALA, ALAPPUZHA-688 534. 3 V.K. MANOHARAN, VETHATTUKULAM, CHANDIROOR P.O., AROOR, ALAPPUZHA-688 535.

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BY ADV SHRI.V.N.SANKARJEE, STANDING COUNSEL FOR R1 AND R2, AROOR GRAMAPANCHAYAT.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2022, ALONG WITH WP(C).22656/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.19053 and 22656 of 2022

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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 N.NAGARESH

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MONDAY, THE 12^TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944

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WP(C) NO. 22656 OF 2022

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PETITIONER:

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SREEKUMAR K.S., AGED 49 YEARS MANAGING PARTNER, MORE ACQUATIC PRODUCTS, CHANDIROOR, AROOR, ALAPPUZHA DISTRICT.

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BY ADV N.MAHESH

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RESPONDENTS:

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1 AROOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OFFICE OF THE AROOR GRAMA PANCHAYATH, AROOR P.O., CHERTHALA, ALAPPUZHA-688 534.

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2 THE SECRETARY, AROOR GRAMA PANCHAYATH, OFFICE OF THE AROOR GRAMA PANCHAYATH, AROOR P.O., CHERTHALA, ALAPPUZHA-688 534.

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3 THE REGISTRAR, TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, VANCHIYOOR, THIRUVANANTHAPURAM-695 035.

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BY ADV SHRI.V.N.SANKARJEE, STANDING COUNSEL FOR R1 AND R2, AROOR GRAMAPANCHAYAT.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2022, ALONG WITH WP(C).19053/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.19053 and 22656 of 2022

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J U D G M E N T

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Dated this the 12^th day of December, 2022

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[W.P.(C) NO. 19053 and 22656 of 2022]

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The petitioner is running a Vegetable Freezing and Storing Centre in Ward No.8 of Aroor Grama Panchayat in Alappuzha District. The petitioner has filed W.P.(C) No.19053 of 2022 aggrieved by Exts.P7 and P8. By Ext.P7, the petitioner was required to demolish certain alleged illegal and unauthorised constructions.

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During the pendency of W.P.(C) No.19053 of 2022, the petitioner filed W.P.(C) No.22656 of 2022 stating that the petitioner has filed an appeal before the Tribunal for Local Self Government Institutions invoking Section 276 of the Kerala Panchayat Raj Act

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and if during the pendency of the appeal the demolition notice is

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executed, the petitioner will be put to loss.

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WP(C) NO.19053 and 22656 of 2022

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The Standing Counsel representing Aroor Grama

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Panchayat entered appearance and resisted both the writ petitions. The Standing Counsel submitted that earlier once, the petitioner had applied for regularisation of unauthorised construction which was granted. After getting that regularisation, the petitioner effected further illegal and unauthorised constructions without obtaining any building permit. The subsequent unauthorised constructions cause pollution problems also. Therefore, the application for regularisation cannot be favourably considered.

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The Standing Counsel for the respondents further pointed out that the Consent given by the Pollution Control Board for the petitioner's unit does not exist any more. Therefore, the petitioner cannot run the unit without obtaining Consent from the Pollution Control Board. The Standing Counsel further submitted that the period of Trade Licence issued by the Aroor Grama

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WP(C) NO.19053 and 22656 of 2022

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Panchayat stands expired. For that reason also, the petitioner cannot run the unit. It is further pointed out that after obtaining a Trade Licence for Cold Storage, the petitioner is carrying out activities of a freezing unit, which in turn requires consent from neighbours and nearby inhabitants.

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The counsel for the petitioner, however, submitted that the petitioner has obtained consent from the neighbouring property owners. It is further submitted that four or five other similar units are functioning in the area.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 1 and 2. Notice to the 3^rd respondent is dispensed with in view of the relief being granted in the writ petitions.

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It is evident from the pleadings and arguments that the petitioner has carried out certain constructions and the Panchayat

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has issued demolition notice to the petitioner. The specific case of

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WP(C) NO.19053 and 22656 of 2022

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the petitioner is that he has submitted an application for regularisation which is not considered by the 1^st respondent. Now, against the order of demolition, the petitioner has approached the competent tribunal by filing appeal invoking Section 274 of the Kerala Panchayat Raj Act.

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As regards the absence of extended Trade Licence issued by the Grama Panchayat, neccessity of Consent from the Pollution Control Board and other draw backs, the counsel for the petitioner submits that he is confining the claim in these writ petitions to the issue of demolition of unauthorised construction and regularisation of construction made by him. The petititoner states that he will not run the industrial unit without obtaining Trade Licence from the Panchayat, Consent from the Pollution Control Board and other requirements, if any. This statement is recorded.

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WP(C) NO.19053 and 22656 of 2022

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In view of the facts as stated above, the writ petitions

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are disposed of granting three weeks time to the petitioner to seek interim / final orders from the Tribunal for Local Self Government Institutions, Thiruvananthapuram in the appeal filed by him. The 1^st respondent shall differ any coercive proceedings for demolition of the building for a period of three weeks. It is made clear that the petitioner shall run the industrial unit only after obtaining Trade Licence from the Panchayat, NOC from the Polllution Control Board and complying with other statutory requirements.

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Sd/N. NAGARESH JUDGE

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sss

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WP(C) NO.19053 and 22656 of 2022

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PETITIONER'S EXHIBITS

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EXHIBIT	P1	TRUE COPY UNIT ISSUE DATED 26.4	OF LICENCE IN RESPECT OF THE D BY THE AROOR GRAMA PANCHAYAT .2021
EXHIBIT	P2	TRUE COPY PETITIONER	OF CASH RECEIPT ISSUED TO THE HEREIN DATED 23.2.2022.
EXHIBIT	P3	TRUE COPY IN W.P.(C)	OF ORDER OF THIS HON'BLE COURT NO.15495/2022 DATED 6.5.2022.
EXHIBIT	P4	TRUE COPY THE KERALA	OF RECEIPT DATED NIL ISSUED BY STATE POLLUTION CONTROL BOARD.
EXHIBIT	P5	TRUE COPY ISSUED BY	OF NOTICE DATED 26.4.2022 THE 1ST RESPONDENT.
EXHIBIT	P6	TRUE COPY REGULARIZA PETITIONER	OF APPLICATION FOR TION DATED NIL SUBMITTED BY THE .
EXHIBIT	P7	TRUE COPY ISSUED BY	OF THE NOTICE DATED 6.6.2022 THE 2ND RESPONDENT.
EXHIBIT	P8	TRUE COPY SUBMITTED 2ND RESPON	OF THE REPLY DATED NIL BY THE PETITIONER BEFORE THE DENT.
RESPOND	ENT EXHIBITS
EXHIBIT	R2(A)	TRUE COPY 10506/16 D APPROVED P	OF THE BUILDING PERMIT NO.C3 ATED 11.1.2016 TOGETHER WITH LAN.
EXHIBIT	R2(B)	TRUE COPIE 27.9.2016 RESPONDENT DATED NIL COMPLETION	S OF THE PROCEEDINGS FROM TO 19.10.2016 OF THE 1ST TOGETHER WITH THE APPLICATION SUBMITTED BY THE PETITIONER AND PLAN DATED 15.10.2016.
EXHIBIT	R2(C)	TRUE COPY COMPLAINT 2ND RESPON	OF THE 3RD RESPONDENT'S DATED 2.3.2022 SUBMITTED TO THE DENT.

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WP(C) NO.19053 and 22656 of 2022

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EXHIBIT	R2(D) TRUE COPY OF THE DATED 8.3.2022 IS RESPONDENT TO THE	NOTICE NO.C4-311/22 SUED BY THE 2ND PETITIONER.
EXHIBIT	R2(E) TRUE COPY OF THE REPORT DATED 15.3 NOTICE ISSUED TO PETITIONER'S REPL	HEALTH INSPECTOR'S .2022 TOGETHER WITH THE PETITIONER AND THE Y.
EXHIBIT	R2(F) TRUE COPY OF THE REPORT NO.C4-311/	ASSISTANT ENGINEER'S 22 DATED 21.4.2022.
EXHIBIT	R2(G) TRUE COPY OF THE 25.4.2022 FILED B	MASSS PETITION DATED Y 89 LOCAL INHABITANTS.
EXHIBIT	R2(H) TRUE COPY OF THE 27.4.2022 ISSUED POLLUTION CONTROL ALAPPUZHA.	SHOW CAUSE NOTICE DATED BY THE KERALA STATE BOARD, DISTRICT OFFICE,
EXHIBIT	R2(I) TRUE COPY OF THE 9.5.2022 OF THE 1	RESOLUTION NO.4/1 DATED ST RESPONENT PANCHAYAT.
EXHIBIT	R2(J) TRUE COPY OF THE DATED 16.5.2022 O PANCHAYAT.	NOTICE NO.C4-311/22 F THE 1ST RESPONDENT
EXHIBIT	R2(K) TRUE COPY OF THE DATED 9.6.2022 OF PANCHAYAT.	RESOLUTION NO.1C(2) THE 1ST RESPONDENT

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WP(C) NO.19053 and 22656 of 2022

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APPENDIX OF WP(C) 22656/2022

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PETITIONER'S EXHIBITS

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EXHIBIT	P1 TRUE COPY OF LICENCE IN RESPECT OF THE ABOVE UNIT ISSUED BY THE AROOR GRAMA PANCHAYAT DATED 26.4.2021
EXHIBIT	P2 TRUE COPY OF CASH RECEIPT ISSUED TO THE PETITIONER HEREIN DATED 23.2.2022.
EXHIBIT	P3 TRUE COPY OF ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.15495/2022 DATED 6.5.2022.
EXHIBIT	P4 TRUE COPY OF RECEIPT DATED NIL ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT	P5 TRUE COPY OF NOTICE DATED 26.4.2022 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT	P6 TRUE COPY OF APPLICATION FOR REGULARIZATION DATED NIL SUBMITTED BY THE PETITIONER.
EXHIBIT	P7 TRUE COPY OF THE NOTICE DATED 6.6.2022 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P8 TRUE COPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT	P9 TRUE COPY OF ORDER DATED 13.6.2022 IN W.P.(C) NO. 19053/2022 OF THIS HON'BLE COURT.

Sreekumar K.S. v. Aroor Grama Panchayath

Case brief

What is this about?

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Sreekumar K.S. v. Aroor Grama Panchayath

Case brief

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What did the court decide?

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