Petitioner challenged permits for a sand unit constructed on his former property, alleging violation of laws and failure to consider pollution reports. The court held the writ petition was infructuous due to long pendency and subsequent developments.
The writ petition was dismissed as infructuous.
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 SHAJI P.CHALY
FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944
WP(C) NO. 23008 OF 2015
PETITIONER:
SHAFEEK MOHAMMED AGED 40 YEARS
S/O.ILLYAS KHAN, PALAKKAL HOUSE, KANJIRAPILLY P.O.,KOTTAYAM DISTRICT, REPRESENTED BY HIS AUHTORIZED POWER OF ATTRONEY, MR.P.I.TAJUDEEN, S/O.ILLIYAS KHAN, AGED 49 YEARS 10E, DD NEST APARTMENT, PULLEPADY ROAD, KALOOR P.O., ERNAKULAM DISTRICT, KERALA-682017.
BY ADVS. SRI.P.A.MOHAMMED SHAH SMT.V.A.HARITHA SMT.P.M.MAZNA MANSOOR SRI.K.NANDAKUMAR SRI.SOORAJ T.ELENJICKAL
RESPONDENTS:
1 CHIEF TOWN PLANNER
OFFICE OF THE CHIEF TOWN PLANNER, DEPARTMENT OF TOWN AND COUNTRY PLANNING KOTTARATHIL BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695033.
2 THE MEMBER SECRETARY
STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE, PALLIMUKKU, PETTAH P.O., THIRUVANANTHAPURAM,KERALA695024.
3 ENVIRONENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHINAGAR, ERNAKULAM DISTRICT, PIN 682020.
4 KIZHAKKAMBALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KIZHAKKAMBALAM GRAMA PANCHAYATH, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT, PIN 683562.
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5 THE SECRETARY KIZHAKKAMBALAM GRAMA PANCHAYATH, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT, PIN 683562.
6 K.MOHAMMED HARRIS KAKKAD HOUSE, AL-AMEEN ROAD, EDAPPILLY P.O., PIN 682024.
BY ADVS.
R1 AND R2 - SRI.JOBY JOSEPH,SENIOR GOVERNMENT PLEADER SHRI.ABRAHAM P.MEACHINKARA, SC, KIZHAKKAMBALAM GRAMA PANCHAYAT
SRI.NAVEEN.T., SC, POLLUTION CONTROL SRI.P.K.ABOOBACKER(EDAPPALLY) FOR R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23008/2015
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JUDGMENT
Dated this the 25th day of March, 2022
This writ petition is filed by the petitioner seeking the following reliefs:
(i)To call for the records relating to Exhibit P1 to P11 and to issue a writ of certiorari quashing Exhibits P5, P6, P7 and P11. ii) To issue a writ of mandamus directing respondents 1 to 5 to issue necessary direction to the 6th respondent to stop all construction activities in 54.84 cents of property owned by the 6th respondent and his wife Subaida which is situated in Syndicate.No.27/1 and 27/3-2 of Pattimattom Village.
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the pathway.
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reports given by such other authorities as specified in sub-section (4) of Section 233 of Act, 1994 and shall refuse or grant the permission.
of the Kizhakkambalam Grama Panchayat, on receipt of Exhibit-P4 application, has not conducted any enquiry in to the matter regarding the nuisance and pollution caused. On 25.01.204, the Panchayath committee decided that they are having no objection in granting permission to the 6th respondent. The decision shows that that there is no enquiry or report of the secretary existing in the above proceedings and even the report mentioned in sub-section 4 of Section 233 of Act, 1994 is not considered by the Village Panchayath. The question of nuisance of pollution was not addressed and therefore, Exhibit-P6 decision is not sustainable. As per Exhibit P10 proceedings, the Chief Town Planner granted lay out approval to the 6th respondent on the following conditions:
(i) The Secretary shall verify the ownership, survey number, extend, boundaries and authorization to construct under Rule 11(1) of the Kerala Panchayath Building Rules, 2011
(ii) The construction should be as per the provisions of the Kerala Panchayath Building Rules 2011, especially Rules 26 (6), Rule 30, Rule 61(7), Rule 61(8) etc.
(iii) The No Objection Certificate from Fire and Rescue Service, Kerala State Pollution Control Board and State Level Environment
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Impact Assessment Authority is mandatory.
(iv) Make sure that 7 meter wide road is there to the property.
(v) Facilities may be provided for solid-liquid waste disposal scientifically.
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P.Meachinkara for the Grama Panchayat, learned counsel Sri.P.K.Aboobacker (Edappally) for the party respondent and perused the pleadings and materials on record.
Accordingly, the writ petition is dismissed as infructuous.
Sd/-
SHAJI P. CHALY, JUDGE
smv
1 issue framed by the court
Whether the writ petition challenging the sanction of a sand unit and construction permits remains maintainable given the long pendency and changes during the proceedings.
2 provisions across 2 enactments
Shafeek Mohammed
Chief Town Planner
Member Secretary, State Environment Impact Assessment Authority Kerala
Environmental Engineer Kerala State Pollution Control Board
Kizhakkambalam Grama Panchayath
K. Mohammed Harris
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
