Alson N.A. vs. Koovapady Grama Panchayath - Kerala High Court, 19 September 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940 WP(C).No. 30499 of 2018 PETITIONER/S: ALSON N.A. AGED 22 YEARS S/O ALLESH N.V., NAROTHUKUDY HOUSE, KODANADU PO, KURICHILAKODE, PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA, PROPRIETOR OF M/S KINGS CLUB SODA, KOOVAPADY, KOOVAPADY PO, ERNAKULAM, KERALA 683 544 BY ADVS. SRI.VINAY RAMDAS SMT.K.B.ANAMIKA RESPONDENT/S: 1 KOOVAPADY GRAMA PANCHAYATH KOOVAPPADY, REPRESENTED BY ITS SECRETARY, ERNAKULAM, KERALA 683 544 2 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT(URBAN) DEPARTMENT ROOM NO.201 A, 2ND FLOOR, ANNEX I, SECRETARIAT,THIRUVANATHAPURAM-695001. R1 BY ADV.SRI.R.RANJITH, SC R2 BY ADV.SRI.K.J.MANURAJ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30499 of 2018 2

JUDGMENT This writ petition is filed by the petitioner challenging Ext.P1 stop memo issued by the secretary of the 1st respondent Panchayat dated 11.09.2017, whereby, petitioner is directed to stop the industrial activities carried on by the petitioner since petitioner has not secured any license for doing so. Brief material facts for the disposal of the writ petition are as follows:

Petitioner is the proprietor of a concern namely 'KINGS CLUB SODA', Koovapady and according to the petitioner, petitioner has secured all clearances from respective statutory authorities. Petitioner has submitted Ext.P7 application for D & O license under the Kerala Panchayat Raj Act, 1994, apparently, on 02.07.2018. Case projected by the petitioner is that since no intervening orders are passed prohibiting the activities of the petitioner, petitioner is entitled for a deemed license in contemplation of Section 236(3) of Kerala Panchayat Act, 1994. Therefore, according to the petitioner, petitioner started functioning of the unit on 03.08.2018, and in the meanwhile, without assigning any proper reason, Ext.P1 stop memo is issued which WP(C).No. 30499 of 2018 3 is causing serious inconveniences and prejudice to the petitioner.

I have heard learned counsel for the petitioner, learned standing counsel for the Panchayat and learned Government Pleader and perused the pleadings and the documents on record.

Even though, after hearing respective counsel across the bar, I am not satisfied that the petitioner have produced sufficient documents before the statutory authorities in order to secure the deemed license, since the petitioner has a contention that the unit has started its operation, I am of the considered opinion that the Panhayat can be directed to take a decision in Ext.P7 application submitted by the petitioner in accordance with law. It is also pointed out by learned standing counsel appearing for the Panchayat that various complaints are received against this unit from the local people and the Panchayat will consider the license application and take a decision in accordance with law, after hearing all concerned. On evaluation of the situation, there will be a direction to the secretary of the 1st respondent Panchayat to consider Ext.P7 application in accordance with law and attain finality at the WP(C).No. 30499 of 2018 4 earliest possible time, and at any rate, within a month from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner and any other interested persons. Petitioner as well as the 1st respondent is directed to maintain statusquo as on the date of the stop memo, till such time a decision is taken as directed above. The writ petition is disposed of accordingly. SHAJI P.CHALY uu 19.09.2018 JUDGE

WP(C).No. 30499 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF ORDER NO. A5 A5- 6149/2018 DATED 11.9.2017 AFFIXED ON THE PETITIONERS CONCERN KINGS CLUB SODA ,KOOVAPADY ON 13.8.2018. EXHIBIT P2 AOF REGISTRATION CERTIFICATE ISSUED IN FORM GST REG-06 UNDER RULE 10(1) OF THE RULES FRAMED UNDER THE ACT DATED 16.3.2018. EXHIBIT P3 AOF CERTIFICATE OF REGISTRATION FROM THE COMMISSIONERATE OF FOOD SAFETY WITH A REGISTRATION NO.21318179000102 DATED 06.3.2018. EXHIBIT P4 AOF COVERING LETTER ISSUED BY THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY DATED 18.6.2018. EXHIBIT P5 AOF SANITARY CERTIFICATE WITH NO 638/2018 ISSUED BY THE HEALTH INSPECTOR P.H.C. KODANAD DATED 02.7.2018. EXHIBIT P6 AOF CONSENT TO OPERATE FROM THE KERALA STATE POLLUTION CONTROL BOARD DATED 02.8.2018. EXHIBIT P7 AOF APPLICATION PREFERRED BY THE PETITIONER UNDER THE KERALA PANCHAYAT RAJ (ISSUE OF LICENCE TO DANGEROUS AND OFFENSIVE TRADES AND, FACTORIES) RULES 1996 ON 20.6.2018. EXHIBIT P8 AOF RECEIPT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 02.7.2018. EXHIBIT P9 AOF A5 5780/2018 DATED 13.9.2018 STATING THAT THE 1ST RESPONDENT HAD OBTAINED COMPLAINTS FROM SOME PERSONS AND THE MATTER TO BE HEARD ON 17.9.2018. RESPONDENT'S EXHIBITS:NIL //// P.A. TO JUDGE