Kerala High Court
Abdul Shafeek vs Asamannoor Grama Panchayath on 17 December, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY ,THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA, 1940
WP(C).No. 40372 of 2018
PETITIONER/S:
ABDUL SHAFEEK,
AGED 31 YEARS,
S/O. IBRAHIM, CHITTETHUKUDY VEEU,
NELLIKUZHI P.O., ERAMALLOOR VILLAGE, KOTHAMANGALAM
TALUK, ERNAKULAM DISTRICT
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT/S:
1 ASAMANNOOR GRAMA PANCHAYATH,
ASAMANNOOR P.O.,
ERNAKULAM DISTRICT 683 549
REPRESENTED BY ITS SECRETARY
2 THE SECRETARY
ASAMANNOOR GRAMA PANCHAYATH, ASAMANNOOR P.O.,
ERNAKULAM DISTRICT 683 549
R1 & R2 BY SRI THOMAS GEEVARGHESE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 40372 of 2018 2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
"1. Issue a writ of certiorari or any other appropriate writ, direction or order by calling for the records leading to the issuance of exhibit P18 stop memo and set aside the same as illegal.
2. Issue a writ of mandamus or any other appropriate writ, order or direction to the second respondent to consider and dispose exhibit P19 submitted by the petitioner and thereby vacate the stop memo against the installation permit of petitioner after giving an opportunity for personal hearing.
3. Issue such other writ, order or directions which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case."
2. Today, when the matter is taken up, learned counsel for the petitioner submitted that the writ petition is not pressed. WP(C).No. 40372 of 2018 3 Accordingly, the writ petition is dismissed as not pressed.
Sd/-
SHAJI P.CHALY JUDGE uu 17.12.2018 WP(C).No. 40372 of 2018 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE CHIEF TOWN PLANNER DATED 28.5.2011 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 27.7.2015 ISSUED BY THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM EXHIBIT P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 17.8.2015 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES ERNAKULAM EXHIBIT P4 TRUE COPY OF THE INTEGRATED CONSENT TO ESTABLISHMENT RENEWAL DATED 5.8.2015 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE ERNAKULAM IS PRODUCED EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT DISTRICT INDUSTRIES OFFICER, TALUK INDUSTRIES OFFICE, KUNNATHUNAD EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 15.9.2015 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE ERNAKULAM EXHIBIT P7 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE FIRST RESPONDENT DATED 17.8.2011 EXHIBIT P8 TRUE COPY OF THE DECISION NO.19 OF THE PANCHAYATH COMMITTEE HELD ON 16.3.2010 PERMITTING THE EARLIER OCCUPIER OF THE PETITIONER ESTABLISHMENT TO FIX 100 H.P MOTOR EXHIBIT P9 TRUE COPY OF THE RESIDENT/OWNERSHIP CERTIFICATE DATED 24.4.2017 ISSUED BY THE SECOND RESPONDENT EXHIBIT P10 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 25.4.2017 ISSUED BY THE SECOND RESPONDENT TOWARDS RECEIPT OF BUILDING TAX EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF WP(C).No. 40372 of 2018 5 DECISION NO.11 OF PANCHAYATH MEETING HELD ON 9.5.2017 EXHIBIT P12 TRUE COPY OF INTIMATION DATED 10.5.2017 ISSUED BY THE SECOND RESPONDENT ON BEHALF OF FIRST RESPONDENT EXHIBIT P13 TRUE COPY OF THE ORDER DATED 27.2.2018 IN APPEAL NO. 542/2017 PASSED BY THE TRIBUNAL OF LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM EXHIBIT P14 TRUE COPY OF THE APPLICATION DATED 21.3.2018 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P15 TRUE COPY OF THE RECEIPT DATED 21.3.2018 ISSUED FROM THE OFFICE OF FIRST RESPONDENT REGARDING RECEIPT OF EXHIBIT P14 APPLICATION EXHIBIT P16 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24.5.2018 IN WPC NO. 15542/2018 EXHIBIT P17 TRUE COPY OF THE DEEMED LICENSE DATED 4.6.2018 ISSUED BY THE SECOND RESPONDENT EXHIBIT P18 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 2.7.2018 ISSUED BY THE SECOND RESPONDENT EXHIBIT P19 TRUE COPY OF THE OBJECTION TO EXHIBIT P 18 SHOW CAUSE NOTICE SUBMITTED BY THE PETITIONER DATED 20.7.2018 EXHIBIT P20 TRUE COPY OF THE RECEIPT DATED 20.7.2018 TOWARDS THE PROOF OF RECEIPT OF EXHIBIT P19 EXHIBIT P21 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER UNDER FACTORIES AND BOILERS ACT EXHIBIT P22 TRUE COPY OF THE COVERING LETTER DATED 5.7.2018 EXHIBIT P23 TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 5.7.2018 ISSUED BY THE SECOND RESPONDENT WP(C).No. 40372 of 2018 6 RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE