Surya Industries vs. Thuravoor Grama Panchayat

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 8TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943 WP(C) NO. 21558 OF 2021 PETITIONER: SURYA INDUSTRIES DOOR NOP. 11/1/37D, ERIDU TOWN DIDUGAL, THAMILNADU - 624702, REPRESENTED BY ITS PROPRIETOR, T.B. SAMSU RESIDING AT USHA NILAYAM, THIRUMULBHAGOM P.O, THURAVOOR PIN - 688540. BY ADV M.MOHAMED NAVAZ(K/223/1987) RESPONDENTS: 1 THURAVOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, THURAVOOR P.O, THURUVOOR, PIN - 688532. 2 THE SECRETARY THURAVOOR GRAMA PANCHAYATH, THURAVOOR P.O, THURUVOOR, PIN - 688532. 3 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, THURAVOOR GRAMA PANCHAYATH, THURAVOOR P.O, THURUVOOR, PIN - 688532. 4 SEED REPRESENTED BY ITS MANAGING PARTNER, SRI. SHIBULAL, THEKKENEZHATH BUILDINGS, MOOLEPARAMBU ROAD, VALAMANGALAM P.O, PIN - 688532. SRI P S APPU, GP P SANTHOSH KUMAR, SC FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 21558 OF 2021 2 JUDGMENT This writ petition is filed seeking directions to the respondents to consider the representations preferred by the petitioner with regard to the unauthorised operation of the 4th respondent. It is submitted by the learned counsel for the petitioner that the petitioner is running an establishment engaged in the production and distribution of Organic Manure. It is submitted that the 4th respondent has also started a unit which is functioning without Panchayath licence. The petitioner has submitted Ext.P2 representation before the Panchayath and confines the relief in this writ petition for a consideration of the said representation after hearing the 4th respondent as well. Without expressing any view on the merits of the matter and without entering into any findings as to the merit of the contentions raised, there will be a direction to the 2nd respondent to take up the representation preferred by the petitioner and to consider and pass orders on the same after hearing the petitioner as well as the 4th respondent through any appropriate means, including video

WP(C) NO. 21558 OF 2021 3 conferencing, within a period of one month from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. ANU SIVARAMAN JUDGE SVP

WP(C) NO. 21558 OF 2021 4 APPENDIX OF WP(C) 21558/2021 PETITIONER EXHIBITS Exhibit P1OF THE REGISTRATION CERTIFICATE UNDER SO 9001;2015 NO.200321604 ISSUED BY OTABU CERTIFICATION LTD (UK) Exhibit P1(a)OF ANALYTICAL REPORT DATED 18.05.2018 ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL SCIENCE COIMBATORE OF TAMILNADU AGRICULTURE UNIVERSITY. Exhibit P1(b)OF THE GST REGISTRATION CERTIFICATE NO. 33ATVPS2637R2ZL DATED 25.11.2020. Exhibit P1(c)OF THE MEMORANDUM OF INTIMATION SUBMITTED UNDER THE PROVISIONS OF PROVISIONS OF THE FERTILIZER CONTROL ORDER DATED NIL. Exhibit P2OF THE REPRESENTATION DATED 2.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. Exhibit P3OF THE REPRESENTATION DATED 2.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.