Kerala High Court
T.V Mohammed Abdurahiman vs Secretary on 23 August, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 39616 OF 2022
PETITIONER:
T.V MOHAMMED ABDURAHIMAN
AGED 60 YEARS,
THIYYATH VALAPPIL ALAMCODE, PO
MALAPPURAM - 679585, PIN - 679585.
BY ADVS.
K.SUJAI SATHIAN
T.SETHUMADHAVAN (SR.)
PREETHI. P.V.
M.V.BALAGOPAL
GOURI MEEMPAT
SANGEETHA SREEKUMAR
RESPONDENTS:
1 SECRETARY
ALAMCODE GRAMA PANCHAYATH,
NANNAMUKKU P.O, MALAPPURAM - 679585.
2 RATHEESH KUMAR
S/O APPUKUTTAN NAIR,
SEKHARATH HOUSE KOLALAMBU P.O,
MALAPPURAM - 679586.
3 STATION HOUSE OFFICER
POLICE STATION CHANGARAMKULAM,
ALAMCODE P.O, MALAPPURAM - 679585.
BY ADVS.
P.T.SHEEJISH
SHERRY J. THOMAS
P.J.UNNIKRISHNAN
JOEMON ANTONY
RENISH RAVEENDRAN
ANTONY NILTON REMELO
RESHMI K.M, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH WP(C).13786/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39616/2022 & 13786/2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 13786 OF 2023
PETITIONER:
RATHEESH KUMAR
AGED 50 YEARS, S/O. APPUKKUTTAN NAIR,
SEKHARATH HOUSE, EDAPPAL,
KOLALAMBU P.O, MALAPPURAM - 679586.
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
P.J.UNNIKRISHNAN
RENISH RAVEENDRAN
THAMANA BAI
LIGISH XAVIER
GOKUL DEVIS
ANTONY NILTON REMELO
RESPONDENTS:
1 THE SECRETARY,
ALAMCODE GRAMA PANCHAYATH,
NANNAMUKKU P.O, MALAPPURAM - 679585.
2 THE ALANGODU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
NANNAMUKKU P,O, MALAPPURAM - 679585.
3 THE STATION HOUSE OFFICER,
POLICE STATION, CHANGARAKULAM,
ALMCODE P.O, MALAPPURAM - 679585.
W.P.(C)Nos.39616/2022 & 13786/2023
3
4 T.V. MUHAMMED ABDUL RAHIMAN,
THIYYATH VALAPPIL CONVENOR,
JALACHOOSHANA JAGRATHA SAMITHI,
KALACHAL ALAMCODE, P.O,
MALAPPURAM, PIN - 679585.
5 KERALA POLLUTION CONTROL BOARD,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD NO.19/269-A,
PERINTHALMANNA ROAD UP HILL P.O.
MALAPPURAM, PIN - 676505.
6 KERALA WATER AUTHORITY,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
P. H DIVISION, WATER AUTHORITY OFFICE,
EDAPPAL, MALAPURAM, PIN - 679576.
7 GENERAL MANAGER,
DISTRICT INDUSTRIES CENTER,
DEPARTMENT OF INDUSTRIES AND COMMERCE,
TIRUR - MALAPPURAM - MANJERI RD, UP HILL,
MALAPPURAM, KERALA, PIN - 676503.
BY ADVS.
P.M.JOHNY, STANDING COUNSEL
T.NAVEEN, STANDING COUNSEL
RESHMI K.M., SENIOR GOVERNMENT PLEADER
K.SUJAI SATHIAN
PREETHI. P.V.
M.V.BALAGOPAL
GOURI MEEMPAT
SANGEETHA SREEKUMAR
T.SETHUMADHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH WP(C).39616/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39616/2022 & 13786/2023
4
JUDGMENT
Dated this the 23rd day of August, 2023 [W.P.(C) Nos.39616 of 2022 and 13786 of 2023] The petitioner in W.P.(C) No.39616 of 2022 approached this Court aggrieved by an illegal and unauthorised construction and seeking enforce Ext.P2 Stop Memo issued on 23.11.2022 by the Secretary to the Grama Panchayat, against the 2nd respondent.
2. When this writ petition came up for admission on 07.12.2022, this Court passed an order directing the 1 st respondent-Secretary to enforce Ext.P2 stop memo, if the same is still current and valid and is not stayed by any superior Forum.
3. Subsequently, the 2nd respondent in W.P.(C) No. 39616 of 2022 filed W.P.(C) No.13786 of 2023 challenging the Stop Memo and seeking to direct the 1st respondent-Secretary to W.P.(C)Nos.39616/2022 & 13786/2023 5 consider Ext.P5 reply submitted by the petitioner and close the proceedings.
4. I have heard the learned Counsel appearing for petitioners in both the writ petitions and also the learned Standing Counsel representing the Grama Panchayat. I have also heard the learned Government Pleader appearing for the Station House Officer.
5. The issue involved in these writ petitions is about certain constructions made by the petitioner in W.P.(C) No. 13786 of 2023. The Secretary had issued Ext.P2 Stop Memo (in W.P.(C) No.39616 of 2022). The petitioner in W.P.(C) No.13786 of 2023 has filed Ext.P5 reply to the Stop Memo giving his objections / explanation. In view of the above, I am of the firm opinion that the Secretary shall consider the objections filed by the petitioner in W.P.(C) No.13786 of 2023 and decide the matter, after giving an opportunity of hearing to the petitioners in both the writ petitions. W.P.(C)Nos.39616/2022 & 13786/2023 6 These writ petitions are therefore disposed of directing the Secretary to the Grama Panchayat to consider Ext.P5 objection submitted by the petitioner in W.P.(C) No.13786/2023 and conclude the proceedings, after giving an opportunity of hearing to the petitioners in both the writ petitions.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)Nos.39616/2022 & 13786/2023 7 APPENDIX OF WP(C) 39616/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16-11-2022 Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED TO THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT TOWN PLANNER MALAPPURAM ADDRESSED TO THE WARD MEMBER OF WARD NO.1 OF ALAMCODE GRAMA PANCHAYAT Exhibit P4 A TRUE COPY OF THE RESOLUTION NO.1 DATED 20- 10-22 TAKEN BY THE 1ST RESPONDENT PANCHAYAT RESPONDENT EXHIBITS EXHIBIT R2A THE TRUE COPY OF THE ORDER DATED 16-1-2023 ISSUED FROM THE OFFICE OF THE KERALA WATER AUTHORITY, EDAPAL EXHIBIT R2B THE TRUE COPY OF THE CERTIFICATE FROM DEPARTMENT OF INDUSTRIES AND COMMERCE DATED 29-10-2022 EXHIBIT R2C THE TRUE COPY OF THE ORDER FROM KERALA STATE POLLUTION CONTROL BOARD DATED 31-12-2022 WHICH IS VALID UPTO 25-10-2027 EXHIBIT R2D THE TRUE COPY OF THE APPLICATION DATED NIL, FOR REGULARIZATION AND CURING THE DEFECTS EXHIBIT R2E THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 31-03-2023 EXHIBIT R2F THE TRUE COPY OF THE PHOTOGRAPHS OF CONSTRUCTION OF BOTTLING UNIT EXHIBIT R2G THE TRUE COPY OF THE INTERIM ORDER DATED 7- 12-2022 IN WP(C) NO. 39616/2022 W.P.(C)Nos.39616/2022 & 13786/2023 8 APPENDIX OF WP(C) 13786/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 23-11-2022 Exhibit P2 THE TRUE COPY OF THE ORDER, DATED 16-1-2023 ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER, P.H DIVISION, EDAPAL UNDER KERALA WATER AUTHORITY Exhibit P3 THE TRUE COPY OF THE CERTIFICATE DATED 29-10-2022 Exhibit P4 THE TRUE COPY OF THE ORDER DATED 31-12-2022 WHICH IS VALID UPTO 25-10-2027 Exhibit P5 THE TRUE COPY OF THE APPLICATION FOR REGULARIZATION AND CURING THE DEFECTS DATED NIL Exhibit P5A THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 31-03-2023 Exhibit P6 THE TRUE COPY OF THE PHOTOGRAPHS OF CONSTRUCTION OF THE PETITIONER'S BOTTLING UNIT Exhibit P7 THE TRUE COPY OF THE INTERIM ORDER DATED 7-12-2022