Disposed

Ramachandran P.K. v. Avinissery Grama Panchayat

Kerala HC3 Jun 2024WP(C)/1794/2021

Case brief

AI extract

What is this about?

Writ petition challenging operation of an industrial unit by the third respondent without a panchayat licence. The court noted its interim order restraining unlicensed activity and disposed of the petition directing respondents 1 and 2 to ensure the unit is not conducted without a licence.

What did the court decide?

Respondents 1 & 2 directed to ensure the third respondent does not conduct the industrial unit without obtaining a licence.

Ramachandran P.K. Vs Avinissery Grama Panchayat — Municipal and Town Planning | Kerala HC (2024)

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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 M.A.ABDUL HAKHIM

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MONDAY, THE 3^RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946

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WP(C) NO. 1794 OF 2021

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PETITIONER/S:

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RAMACHANDRAN P.K. AGED 62 YEARS PERUMPARAMBIL HOUSE, PERINCHERRY P.O., THRISSUR DISTRICT680028.

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BY ADVS. LINDONS C.DAVIS SMT.E.U.DHANYA SRI.RAJITH DAVIS

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RESPONDENT/S:

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1 AVINISSERY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O.AVINISSERY, THRISSUR-680306.

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2 SECRETARY, AVINISSERY GRAMA PANCHAYAT, P.O.AVINISSERY, THRISSUR-680306.

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3 BALACHANDRAN P.S., PERUPARAMBIL HOUSE, P.O.PERINCHERRY, THRISSUR DISTRICT-680028.

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BY ADVS. SHRI.VINEETH M SRI.T.K.VIPINDAS SRI.K.M.MUHAMMED HUSSAIN SRI.VISHNUPRASAD NAIR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.06.2024,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.1794 of 2021

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JUDGMENT

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The petitioner has approached this Court by filing this writ petition challenging the conduct of an industrial unit by the third respondent.

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On 30.03.2022, this Court has passed an interim order directing respondents 1 & 2 to ensure that no activity which requires a licence is being conducted in the premises of the third respondent without a licence.

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The learned counsel for the petitioner submits that maintaining the above interim order, this writ petition may be disposed of.

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Though the learned counsel for the third respondent opposes the prayer, I am of the view

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WP(C) No.1794 of 2021

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that nobody can conduct an industry without obtaining a licence. Accordingly, I dispose of this writ petition directing the respondents 1 & 2 to ensure that the third respondent does not conduct the industrial unit without obtaining a licence for

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the same.

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Sd/-

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M.A.ABDUL HAKHIM JUDGE

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Shg

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WP(C) No.1794 of 2021

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APPENDIX OF WP(C) 1794/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	A COPY OF THE REPRESENTATION DATED 16.07.2018 ALONG WITH THE ACKNOWLEDGMENT FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P2	A COPY OF THE NOTICE NO.A4/4311/2018 DATED 27.09.2018.
EXHIBIT P3	A COPY OF THE QUESTIONNAIRE DATED 12.11.2020 AS PER RIGHT TO INFORMATION ACT SUBMITTED BY THE PETITIONER.
EXHIBIT P4	A COPY OF THE REPLY FROM THE 2ND RESPONDENT DATED 23.11.2020.
EXHIBIT P5	A COPY OF THE REPRESENTATION DATED 19.10.2020 ALONG WITH THE ACKNOWLEDGMENT RECEIPT.
EXHIBIT P6	A COPY OF THE REPRESENTATION DATED 29.12.2020 ALONG WITH ACKNOWLEDGMENT RECEIPT.
RESPONDENT EXHIBITS
EXHIBIT R2(a)	TRUE COPY OF THE REPORT DATED 18/2/2022
EXHIBIT R3(a):	TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 20-4-2021
EXT.R3(b)	TRUE COPY OF THE LICENSE ISSUED BY THE DIVISIONAL FOREST OFFICE, THRISSUR DATED 04.02.2013 FOR THE PERIOD 2013 TO 2016
EXT.R3(c)	TRUE COPY OF THE LICENSE ISSUED BY THE DIVISIONAL FOREST OFFICE, THRISSUR DATED 02.09.2016 FOR THE PERIOD 2016 TO 2021
EXT.R3(d)	TRUE COPY OF THE LICENSE ISSUED BY THE DIVISIONAL FOREST OFFICE, THRISSUR DATED 20.10.2021 FOR THE PERIOD 2021 TO 2026
EXT.R3(e)	TRUE COPY OF THE ACKNOWLEDGEMENT OF RECOGNITION ISSUED BY THE DEPARTMENT OF INDUSTRIES DTD: 15-2-2013
EXT.R3(f)	TRUE COPY OF THE ACKNOWLEDGEMENT OF RECOGNITION ISSUED BY THE DEPARTMENT OF INDUSTRIES DTD: 25-6-2014
EXT.R3(g)	TRUE COPY OF THE SANITATION CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, AVINISSERY PRIMARY HEALTH CENTRE DATED 14-9-2018

Ramachandran P.K. v. Avinissery Grama Panchayat

Case brief

What is this about?

What did the court decide?

Ramachandran P.K. v. Avinissery Grama Panchayat

Case brief

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