Muhammed Asharaf v. Vs the Wandoor Grama Panchayath
Case brief
What is this about?
Petitioner filed writ petition challenging exhibits and seeking declaration of deemed license to conduct hatchery. Court held petition infructuous and dismissed it.
Petitioner filed writ petition challenging exhibits and seeking declaration of deemed license to conduct hatchery. Court held petition infructuous and dismissed it.
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.
W.P.(C) No.2261 of 2017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
WP(C) NO. 2261 OF 2017
PETITIONER:
MUHAMMED ASHARAF V
S/O.ABDUL KHADER, VENGALIYIL HOUSE, VILAYOOR WEST P.O., PALAKKAD DISTRICT
BY ADV SRI.BABU S. NAIR
RESPONDENTS:
1 THE WANDOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, WANDOOR, MALAPPURAM DISTRICT, PIN679328 2 THE SENIOR ENVIRONMENT ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, MALAPPURAM, PIN-676505 3 KUTTISANKARAN V.P. S/O.VELU, VALIYAPARAMBATH HOUSE, KARADU P.O., VELLAMPURAM, KARAD, MALAPPURAM DISTRICT, PIN-679339 BY ADVS. SRI.T.NAVEEN, STANDING COUNSEL FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2261 of 2017
2
JUDGMENT
Dated this the 9th day of December, 2022
This writ petition is filed by the petitioner seeking the following reliefs:
(i) Call for the records leading up to Exhibits P7 and P8 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;
(ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding respondents 1 and 2 not to interfere with the conduct of hatchery by the petitioner in building No.21/175A in Survey No.114/3 of the Wandoor Village;
(iii) Declare that the petitioner has a deemed licence under Section 236(3) of the Kerala Panchayath Raj Act to conduct the hatchery as applied by him in building No.21/175A in Survey No.114/3 of the Wandoor Village;
(iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
Submission recorded, and the writ petition is dismissed as infructuous.
Sd/-
SHAJI P.CHALY
JUDGE
smv
Muhammad Asharaf
The Wandoor Grama Panchayath
The Senior Environment Engineer
Kuttisankaran V.P.
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court