Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 20TH DAY OF OCTOBER 2023 / 28TH ASWINA, 1945 WP(C) NO. 29410 OF 2023 PETITIONERS:
SUNNY MATHEW, AGED 65 YEARS, S/O MATHEW, THOMPUNNAYIL HOUSE, 900 KANDI ECO PARK GREEN MOUNTAIN FARM HOUSE, PUTHUMALA P.O., MEPPADI,, PIN - 673577 BY ADVS.
N.RATHEESH SUMA RATHEESH SHANKAR RETHEESH RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHUPURAM,PIN - 695 001.
2 DISTRICT DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRPERSON - DISTRICT COLLECTOR, COLLECTORATE, KALPETTA, WAYANAD DISTRICT - 673 122.
3 SECRETARY, MEPPADI GRAMA PANCHAYATH MEPPADI, WAYANAD, PIN-673 577.
BY ADV MANOJ RAMASWAMY SRI. SUNIL K.KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29410 OF 2023 2 JUDGMENT The petitioner is stated to be running a resort at Vythiri but is now facing impediments from various regulatory Authorities, including the second respondent, who cites imputations that the operations are not as per the applicable safety regulations and requirements.
2. Noticing the afore issue, this Court had passed an order on 14.09.2023 to the following effect:
“There are severe disputations of facts between the parties.
2. On one hand, the official respondents say that the area is a high-hazard one; while the petitioner says otherwise. On the next, the petitioner says that he has complied with all required formalities and has installed all necessary safeguards; but the official respondents assert to the contrary.
3. I am, therefore, of the firm view that, before Ext.P10 can be put into operation, a High Powered Committee will have to inspect the petitioner’s property and the constructions therein; leading to a report before this Court.
4. I, therefore, direct the District Collector to conduct or cause to be conducted an inspection on the petitioner’s property with the assistance of the 3rd respondent – Secretary, Station House Officer of the jurisdictional Police Station, competent Officer of the Forest Department, necessary Authority of the Fire and Safety Department and the authorized official of the Pollution Control Board. A report in this regard shall be filed before this Court within a period of one month.
5. I also leave liberty to the District Collector to involve any other Authority/Official as he may find suitable for the afore purpose.
WP(C) NO. 29410 OF 2023 3 List on 06.10.2023; until which time, action to demolish the petitioner’s constructions shall stand stayed; though he can operate the resort or the facilities therein only based on further orders from this Court.”
3. Today, the learned Government Pleader has filed a memo, dated 12.10.2023, producing therewith various reports and proceedings of competent Authorities.
4. I do not propose to go into the merits of the afore reports and proceedings in detail because, these are not issues that this Court can concern itself with, while acting under Article 226 of the Constitution of India.
5. The sum total of all regulatory exercise is always that enterprises must be able to operate within the confines of law and in compliance of all imperative safety and other prescriptions.
6. Going by the report of the “High Powered Committee”, if the petitioner is to obtain clearances and licences from “all competent Authorities”, he can be allowed to run his resort.
However, this report is conspicuously ambiguous as to what kind of licences are to be obtained and which Authorities he must approach.
7. I am, therefore, of the firm view that the “High Powered Committee” should hear the petitioner and guide it to all
WP(C) NO. 29410 OF 2023 4 necessary requirements, so as to facilitate the running of his resort as far as it is practically possible, subject to every other legal and statutory mandate being complied with.
In the afore circumstances, I allow this writ petition and direct the “High Powered Committee” to hear the petitioner, adverting to my observations above; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
I make it clear that, though I have not entered into the merits of the contentions of the petitioner, the endevour of the “High Powered Committee” or any other Authority must be to facilitate the functioning of the resort within the confines of law, for which, all necessary guidance, help and assistance will be offered to him.
Sd/- DEVAN RAMACHANDRAN JUDGE stu
WP(C) NO. 29410 OF 2023 5 APPENDIX OF WP(C) 29410/2023 PETITIONER EXHIBITS Exhibit P1 THE ORDER NO. A1D-118/19 DATED 20.03.2020 ISSUED BY THE FOREST RANGE OFFICER, MEPPADY, Exhibit P2 THE SUBSEQUENT ORDER NO. A2-1218/22 DATED 01.09.2022 ISSUED BY THE FOREST RANGE OFFICER, MEPPADY, Exhibit P3 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO. A4-433/2020 DATED 29.07.2020 ISSUED BY THE 3RD RESPONDENT Exhibit P4 THE POLICE CLEARANCE CERTIFICATE FOR HOME STAYS, SERVICED VILLAS, RESORTS AND LODGES TO RUN THE PETITIONER'S FARM HOUSE AS A RESORT DATED 04.07.2022 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT SPECIAL BRANCH, WAYANAD, Exhibit P5 TRUE COPY OF THE STRUCTURAL STABILITY REPORT NO. ITC XSR 896/22-23 DATED 28.11.2022 OF THE STRUCTURAL ENGINEERING DIVISION, DEPARTMENT OF CIVIL ENGINEERING, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, Exhibit P6 TRUE COPY OF CERTIFICATE NO.SC1-9645/22 DATED 24.03.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE LICENSE NO.375-SC1-2977/23 DATED 29.04.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE ACKNOWLEDGEMENT OF E-FILING DETAILS OF THE 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE TAX RECEIPT DATED 21.07.2023 ACKNOWLEDGING THE PAYMENT OF GST OF RS.2,87,380/- (RUPEES TWO LAKHS EIGHTY-SEVEN THOUSAND THREE HUNDRED AND EIGHTY ONLY) Exhibit P10 TRUE COPY OF THE ORDER NO. DCWYD/8846/2019- DM2 DATED 24.08.2023 ISSUED BY THE 2ND RESPONDENT