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Kerala High Court

Sutheendran Purameri vs State Of Kerala on 10 November, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C) No.28240 of 2023




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                                                     2025:KER:86372

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  MONDAY, THE 10TH DAY OF NOVEMBER 2025 / 19TH KARTHIKA, 1947

                           WP(C) NO. 28240 OF 2023


PETITIONER(S):

             SUTHEENDRAN PURAMERI
             AGED 62 YEARS, S/O. KUNHIRAMAN ACHARI, PURAMERI
             HOUSE, PATTEL ROAD, P.O.CHIRAKKAL, KANNUR .,
             PIN - 670011

             BY ADVS.
             SRI.K.C.SANTHOSHKUMAR
             SMT.K.K.CHANDRALEKHA
             SMT.ANUPAMA JOHNY
             SMT.K.S.SUDHA
             SMT.VISMAYA VENUGOPAL

RESPONDENT(S):

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL
             SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM -, PIN - 695001

     2       THE DEPUTY DIRECTOR OF PANCHAYATH
             CIVIL STATION, KANNUR - ., PIN - 670002

     3       THE CHIRAKKAL GRAMAPANCHAYATH
             CHIRAKKAL P.O., KANNUR - REPRESENTED BY ITS
             SECRETARY., PIN - 670011

     4       THE SECRETARY.
             CHIRAKKAL GRAMAPANCHAYATH, CHIRAKKAL P.O.,
             KANNUR -, PIN - 670011

     5       THE DISTRICT OFFICER,
             THE POLLUTION CONTROL BOARD, KANNUR -,
             PIN - 670001
 W.P.(C) No.28240 of 2023




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                                                            2025:KER:86372

     6       JAYAPRAKASAN
             S/O. AMBADI, NALLANHI HOUSE, NALUMUKKU,
             PALLIKKULAM, KANNUR -, PIN - 670011

     7       SATHYANANDAN
             S/O. MADHAVAN, NALUPURACKAL HOUSE, PALLIKKULAM NEAR
             JEBEES COLLEGE, P.O.CHIRAKKAL, KANNUR - .,
             PIN - 670011

             BY ADVS.
             SMT.K.T.LILLY @ LILLY JAMES
             SRI. I.V. PRAMOD, SC,; GP,
             SRI. K. JANARDHANA SHENOY




         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   10.11.2025,      THE   COURT   ON   THE   SAME   DAY    DELIVERED   THE
FOLLOWING:
 W.P.(C) No.28240 of 2023




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                                                                      2025:KER:86372


                        P.V.KUNHIKRISHNAN, J.
                 ---------------------------------------------
                      W.P.(C) No.28240 of 2023
             ------------------------------------------------------
             Dated this the 10th day of November, 2025


                                     JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents No. 3 and 4 to take necessary follow up action to close down the furniture manufacturing unit being conducted in CP-X/407 and CP-X/408 of Chirakkal Grama Panchayath forthwith as sought for vide Ext.P6 representation.
Or in the alternative
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondent No. 4 to take up, consider and initiate necessary follow up action on Ext.P6 representation as expeditiously as possible or within a time frame to be stipulated by this Honourable Court.
(iii) Dispense with filing the translation of vernacular documents.
And
(iv) To grant such other and further reliefs this Hon'ble Court may deem fit and proper in the interest of justice" [SIC]

2. Heard the learned counsel appearing for the petitioner, the counsel appearing for respondent Nos.6 W.P.(C) No.28240 of 2023 4 2025:KER:86372 and 7 and the Standing Counsel appearing for the Panchayath. I also heard the learned Government Pleader.

3. The main grievance of the petitioner is against a wood planing unit which is situated near the residential building of the petitioner. The petitioner submitted Ext.P6 representation before the 4th respondent. The same is not considered is the grievance. The counsel for the petitioner submitted that the applicability of Ext.P1 judgment may be considered while considering Ext.P6. The counsel appearing for respondent Nos.6 and 7 submitted that, that judgment is not at all applicable in this case and that is dealing with another shop unit.

4. After hearing both sides, I think, there can be a direction to the 3rd and 4th respondents to consider Ext.P6 after giving an opportunity of hearing to the petitioner and respondent Nos.6 and 7 within a time frame.

Therefore, this Writ Petition(C) is disposed of with W.P.(C) No.28240 of 2023 5 2025:KER:86372 the following directions:

1. The 3rd and 4th respondents are directed to consider Ext.P6 representation submitted by the petitioner, after giving an opportunity of hearing to the petitioner and respondent Nos.6 and 7, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
2. The applicability of Ext.P1 judgment will also be considered by the Panchayath at the time of hearing.
3. I make it clear that I have not considered the matter on merit and the Panchayath is free to pass appropriate orders in accordance with law.

Sd/-


                                            P.V.KUNHIKRISHNAN,
                                                   JUDGE
nvj


Judgment reserved             NA
Date of Judgment           10.11.2025
Judgment dictated          10.11.2025
Draft Judgment placed      13.11.2025
Final Judgment uploaded    15.11.2025
 W.P.(C) No.28240 of 2023




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                                                   2025:KER:86372


                    APPENDIX OF WP(C) 28240/2023

PETITIONER EXHIBITS

Exhibit P1        THE   COPY  OF   THE  JUDGMENT   DATED

14.06.2022 IN R.S.A.NO.455/2008 OF THIS HONOURABLE COURT Exhibit P2 THE COPY OF THE COMPLAINT DATED 21.02.2023 FILED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P3 THE COPY OF THE COMPLAINT DATED 21.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P4 THE COPY OF THE COMPLAINT DATED 27.03.2023 SUBMITTED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT Exhibit P5 THE COPY OF THE INTIMATION DATED 12.05.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P6 THE COPY OF THE REPRESENTATION DATED 24.07.2023 SUBMITTED BY THE PETITIONER TO 4TH RESPONDENT Exhibit P7 THE POSTAL RECEIPT EVIDENCING THE SENDING OF EXT.P6 REPRESENTATION TO THE 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R6(a) True copy of the consent bearing No:

PCB/KNR/ICO/80/2007 Exhibit R6(b) True copy of the acknowledgement of surrender of room No: X/415 to the owner on 10.1.2020 Exhibit R6(c) True copy of the letter dated 29.07.2023 issued by 4th respondent to these respondents W.P.(C) No.28240 of 2023 7 2025:KER:86372 Exhibit R6(d) True copy of the location plan details of shop rooms bearing numbers X/415, 416, 407 and 408 of Chirakkal Panchayath , approved by Supervisor-B, having Reg.No:E-

2050/08/21453/KKD/88/2022/SB, Department of urdan Affairs, Govt. Kerala Exhibit R6(e) True copy of the discharge summary dated 14.7.2020 issued from Aster MIMS hospital //TRUE COPY// PA TO JUDGE