Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 29533 of 2013 (N) ---------------------------- PETITIONER(S)/PETITIONER: ------------------------------- ABOOBACKER K.E., KARUKUNNATH HOUSE, PROPRIETOR, JSK INDUSTRIES PERINGALA.P.O, ERNAKULAM DISTRICT, PIN-683565. BY ADVS.SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.S.SHIRAZ BAVA RESPONDENT(S)/RESPONDENTS: ----------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTION ERNAKULAM.
2. KUNNATHUNADU GRAMA PANCHAYATH, KUMARAPURAM.P.O, ERNAKULAM DISTRICT, PIN-683565.
3. SADATH.K.M, KOYAMPARAMBIL, PERINGALA, PIN-683565.
4. SHAFINA SADATH, KOYAMPARAMBIL, PERINGALA, PIN-683565.
5. HAJIRA METHIAN, KOYAMPARAMBIL, PERINGALA, PIN-683565.
6. RABIYA ALIYAR, KOYAMPARAMBIL, PERINGALA, PIN-683565. * Addl.7. IMPLEADED ADDL. R7 K.I.MUSTHAFA, AGED62YEARS, S/O.ISMAIL, KANNANKARA PERINGALA.P.O., ERNAKULAM DISTRICT, PIN -683565. (*ADDL. R7 IS IMPLEADED AS PER ORDER
DATED1112/2013 IN IA168692013) R4,R5 & R6 BY ADVS. SRI.C.V.MANUVILSAN SRI.V.HARISH R2 BY ADV. SRI.S.M.PRASANTH ADDL.R7 BY ADVS. SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP R1 BY GOVERNMENT PLEADER SRI. SOJAN JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29533 of 2013 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 TRUE COPY OF THE LICENSE ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS DATED252-2013 EXT.P2 TRUE COPY OF THE RECEIPT NO.3823 DATED705-2013 EXT.P3 TRUE COPY OF THE COMMUNICATION DATED810-2013 ISSUED BY THE2D RESPONDENT EXT.P4 TRUE COPY OF THE STOP MEMO FROM THE2D RESPONDENT RECEIVED BY THE PETITIONER ON2110-2013. EXT.P5 TRUE COPY OF THE CONSENT NO.PCB/EKM/DO2/IC-372/2013 DATED2410-2013. EXT.P6 TRUE COPY OF THE COMMUNICATION DATED2610-2013 BY THE PETITIONER TO THE2D RESPONDENT. EXT.P7 TRUE COPY OF THE COMMUNICATION NO.L.DIS(C2)20358/2013 DATED3110- 2013 EXT.P8 TRUE COPY OF THE NOTICE NO.A2-7132/13 DATED411-2013 ISSUED BY THE3D RESPONDENT EXT.P9 TRUE COPY OF THE COMMUNICATION DATED511-2013 OF THE PETITIONER EXT.P10 TRUE COPY OF THE COMMUNICATION DATED1511-2013 OF THE PETITIONER EXT.P11 TRUE COPY OF THE COMMUNCATION NO.A27132/2013 DATED1911-2013 EXT.P12 TRUE COPY OF THE CERTIFICATE DATED2211-2013 FROM THE OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH EXT.P13 TRUE COPY OF THE COMMUNICATION DATED2811-2013 OF THE PETITIONER EXT.P14 TRUE COPY OF THE PERFORMANCE GUARANTEE ISSUED BY M/S.ECCOGUARD. EXT.P15 TRUE COPY OF THE AGREEMENT DATED2310-2013 BETWEEN THE PETITIONER AND M/S.KERALA ENVIRO INFRASTRUCTURE LTD. RESPONDENT(S)' EXHIBITS: EXT.R7(a): TRUE COPY OF REPORT OF THE POLUCHEM LABORATORIES (P) LTD DATED0310.2013. EXT.R7(b): TRUE COPY OF COMPLAINT OF THE NEIGHBOURING RESIDENT OF THE COMPLANY DATED2020.2013. //TRUE COPY// P.A. TO JUDGE. dlk C.T.RAVIKUMAR, J --------------------------------------- W.P.(C) No.29533 of 2013 ---------------------------------------- Dated this the 11th day of February, 2014 JUDGMENT
The petitioner who is the proprietor of JSK Industries at Peringala in Ernakulam District engaged in manufacturing of concrete nails filed this writ petition seeking quashment of Ext.P4 and issuance of a writ of mandamus commanding the respondents to revoke Ext.P4 stop memo and permit the petitioner to continue with the said business operations. According to the petitioner, the industrial unit commenced its function as early as in 2004 and Ext.P4 stop memo was issued by the second respondent without any justifiable and sustainable reasons. On receipt of Ext.P4 the petitioner submitted Exts.P9 and P10 representations seeking its revocation. It is submitted by the second respondent that period of license issued by the second respondent in respect of the petitioner's industrial unit had expired on 31.3.2013 and that the petitioner submitted an application seeking its renewal only on 7.5.2013 and thus, obviously, the industrial unit was functioning without a valid W.P.(C) No.29533 of 2013 2 license. It is in the said circumstances that Ext.P4 stop memo was issued, it is submitted. The learned counsel for the petitioner then made a submission that this writ petition can be disposed of with a direction to the second respondent to consider Exts.P9 and P10 representations and to consider the request of the petitioner for renewal of the license in view of the position that the application for renewal of the license has already been received by the second respondent and when the said fact is evident from Ext.P2. It is also submitted that subsequent to the submission of the application for renewal the petitioner has produced the renewed permits and licenses. In view of the nature of the order I propose to pass in this writ petition I am of the view that this Court need not go into the rival submissions on merits at this stage. Admittedly, the application submitted by the petitioner is pending before the second respondent. Therefore, essentially, it is for the second respondent to consider the same and pass appropriate orders, in accordance with law. Respondents 3 to 7 have raised certain objections regarding the manner of functioning of the industrial unit. Evidently, the grievance of the respondents 3 to 7 who are W.P.(C) No.29533 of 2013 3 residing nearby the petitioner's industrial unit is that on account of its improper functioning polluted the water in their respective well. In the said circumstances, without making any observation as to the entitlement of the petitioner to get the license renewed, this writ petition is disposed of with a direction to the second respondent to consider Exts.P9 and P10 representations as also applications of the petitioner for renewal of the license, expeditiously and in accordance with law, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Before taking decisions thereon, the respondents 3 to 7 shall also be put on notice. Sd/- C.T.RAVIKUMAR,JUDGE. dlk