Judgment
2025:KER:30030 W. P. (C) Nos. 16461 & 12005 of 2018 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 16461 OF 2018 PETITIONER:
M.ABDUL MAJEED, AGED 62 YEARS, PULIYARAVILA VEEDU, KUNNICODE, KOLLAM DISTRICT- 691 508.
BY ADVS. M/S.PIRAPPANCODE V.S.SUDHIR & JELSON J.EDAMPADAM RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION ROAD, KOLLAM- 691 013.
2 THE VILAKKUDI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,KUNNICODE.P.O.,KOLLAM DISTRICT- 691508.
3 THE SECRETARY, THE VILAKKUDI GRAMA PANCHAYAT, KUNNICODE.P.O.,KOLLAM DISTRICT- 691508.
4 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE, KOLLAM- 691 001.
5 SOORYA NARAYANA CHETTIAR, ASWATHY, KUNNICODE,KUNNICODE.P.O.,KOLLAM- 691 508.
ADV.SRI.SASITH M R ADV. SRI. B.MOHANLAL SRI.T.NAVEEN, SC SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, ALONG WITH WP(C).NO.12005/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:30030 W. P. (C) Nos. 16461 & 12005 of 2018 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12005 OF 2018 PETITIONER:
SOORYANARAYANAN CHETTIYAR, AGED 78 YEARS, S/O. LATE MUTHU CHETTIYAR, PARVATHY RUBBER PUKAPPURA, KUNNICODE, PATHANAPURAM, KOLLAM, RESIDING AT ASWATHY, KUNNICODE P.O, PATHANAPURAM TALUK, KOLLAM.
BY ADV.SRI. B.MOHANLAL RESPONDENTS:
1 THE VILAKKUDY GRAMA PANCHAYATH, KUNNICODE P.O, KOLLAM - 691 508, REPRESENTED BY ITS SECRETARY.
2 THE VILAKKUDY GRAMA PANCHAYATH COMMITTEE, KUNNICODE P.O, KOLLAM - 691 508, REPRESENTED BY ITS PRESIDENT.
3 THE EVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE, KADAPPAKKADA, KOLLAM - 691 008.
4 THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, VILAKKUDY, VILAKKUDY P.O,KUNNICODE, KOLLAM - 691 508.
ADV. SRI.M.R.SASITH SRI.T.NAVEEN, SC SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, ALONG WITH WP(C).NO.16461/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:30030 W. P. (C) Nos. 16461 & 12005 of 2018 3 MOHAMMED NIAS C. P. , J.
==================================== W. P. (C) Nos. 16461 & 12005 of 2018 ==================================== Dated this the 7th day of April, 2025 J U D G M E N T Both these writ petitions pertain to the running of a smoke room meant for drying rubber sheets by the petitioner in WP(C) No. 12005/2018 and which is objected to by the petitioner in WP(C) No. 16461/2018. The learned counsel appearing for the petitioner in WP(C) No. 12005/2018 submits that the petitioner is not running the unit any more. This is recorded.
The writ petitions are disposed of without prejudice to the right of the petitioner in WP(C) No. 16461/2018 to approach this Court again in case there is a fresh cause of action.
Sd/-
MOHAMMED NIAS C. P., JUDGE MMG
2025:KER:30030 W. P. (C) Nos. 16461 & 12005 of 2018 4 APPENDIX OF WP(C).NO.16461/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MASS PETITION DATED 15.3.2017 WITH THE ENDORSEMENT DATED 16.3.2018 OF THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 30.3.2017 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE 5TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE PETITION DATED 15.3.2017 SUBMITTED BY THE PETITIONER AND 28 OTHERS BEFORE THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT EVIDENCING RECEIPT OF EXT.P3 BY THE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 12.5.2017 SUBMITTED BY ONE SRI.M.KRISHNASWAMY CHETTIAR, THE BROTHER OF THE 5TH RESPONDENT, BEFORE THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE CONSENT DATED 2.9.2017, TO OPERATE THE SMOKE ROOM, ISSUED BY THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER NO PCB/TAC/18/2004 DATED 9.8.2004 ISSUED BY THE POLLUTION CONTROL BOARD, PRESCRIBING THE MINIMUM DISTANCE OF THE INDUSTRY CONCERNED FROM THE NEAREST RESIDENCE EXHIBIT P8 TRUE COPY OF THE LETTER DATED 30.6.2017 OF SRI.M.KRISHNASWAMY CHETTIAR, ADDRESSED TO THE DISTRICT MEDICAL OFFICER, KOLLAM DISTRICT EXHIBIT P9 TRUE COPY OF THE LETTER NO C2-12201/17/DMO DATED 20.7.2017 OF THE STATE PUBLIC INFORMATION OFFICER, ATTACHED TO THE DISTRICT MEDICAL OFFICE(HEALTH),
KOLLAM
ISSUED
TO SRI.MR.KRISHNASWAMY CHETTIAR
2025:KER:30030 W. P. (C) Nos. 16461 & 12005 of 2018 5 EXHIBIT P10 TRUE COPY OF THE LETTER DATED 31.3.2018 OF THE PETITIONER SEEKING INFORMATION UNDER RIGHT TO INFORMATION ACT, TO THE 3RD RESPONDENT EXHIBIT P11 TRUE COPY OF THE REPLY DATED 24.4.2008 OF THE PUBLIC INFORMATION OFFICER, VILAKUDI GRAMA PANCHAYAT TO EXHIBIT P10 LETTER EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 26.3.2018 ISSUED TO THE 5TH RESPONDENT, BY THE 3RD RESPONDENT EXHIBIT P13 TRUE COPY OF THE DECISION OF THE PANCHAYAT, IN THE MEETING NO 7(1) DATED 21.3.2018
2025:KER:30030 W. P. (C) Nos. 16461 & 12005 of 2018 6 APPENDIX OF WP(C).NO.12005/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT DATED 08/08/2017 FOR THE YEAR 2017-2018 ISSUED BY THE VILLAGE OFFICER, VILAKKUDY VILLAGE TO THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE BUILDING TAX RECEIPT DATED 17/12/2016 ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD 2016-17 TO THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE GST REGISTRATION NO:
32CTG58555RIZO ISSUED BY THE GOVERNMENT OF INDIA TO THE RUBBER DEALERSHIP.
EXHIBIT P4 THE TRUE COPY OF THE AGREEMENT DATED 15/03/2017 ENTERED INTO WITH THE LANDLORD OF THE BUILDING SAINLABDHEEN AND THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE D&O LICENSE NO:B4/304/6502/17 DATED 26/08/2017 FOR THE PERIOD UPTO 31/03/2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE BUILDING PERMIT NO:A5- 2183/216/16-17 DATED 30/03/2017 ISSUED FROM THE 1ST RESPONDENT GRAMA PANCHAYATH TO THE PETITIONER.
EXHIBIT P7 THE TRUE COPY OF THE NOTICE NO:B3/2131/17 DATED 17/03/2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P8 THE TRUE COPY OF THE COMMUNICATION NO:56/2017 DATED 22/03/2017 ISSUED BY THE 4TH RESPONDENT ISSUED TO THE 1ST RESPONDENT.
EXHIBIT P9 THE TRUE COPY OF THE CONSENT NO:
PCB/KO/ICO/F/353/2017 DATED 02/09/2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
2025:KER:30030 W. P. (C) Nos. 16461 & 12005 of 2018 7 EXHIBIT P10 THE TRUE COPY OF THE CONSENT LETTER DATED 15/03/2017 FROM THE NEIGHBOURING PROPERTY OWNER KASIMKUNJU.
EXHIBIT P11 THE TRUE COPY OF THE NOTICE DATED 26/03/2018 ISSUED BY THE VILAKUDY GRAMA PANCHAYATH TO THE PETITIONER.