Kerala High Court
M/S. United Sea Products vs Manjeswaram Grama Panchayath on 19 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 34852 OF 2025 1
2026:KER:15221
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(C) NO. 34852 OF 2025
PETITIONERS:
1 M/S. UNITED SEA PRODUCTS
REP. BY ITS PARTNER - MOHAMMED SAMEER, THOMMINADU,
KUNJATHUR, MANJESHWAR, KASARGODE, PIN - 671323
2 MOHAMMED SAMEER
AGED 48 YEARS
S/O. MOIDEEN KUNHI, AGED 48 YEARS, THUMINADU,
KUNJATHUR, MANJERSWAR, KASARGODE., PIN - 671323
BY ADVS.
SMT.S.PARVATHI
SMT.T.K.SREEKALA
SMT.NIKITHA SUSAN PAULSON
SMT.UTHARA ASOKAN
SHRI.K.I.MAYANKUTTY MATHER (SR.)
RESPONDENTS:
1 MANJESWARAM GRAMA PANCHAYATH
REP. BY ITS SECRETARY MANJESWAR P.O., KASARGODE,
PIN - 671323
2 SECRETARY
MANJESWARAM GRAMA PANCHAYATH, MANJESWAR P.O.,
KASARGODE., PIN - 671323
3 ENVIRONMENTAL ENGINEER
KASARGODE DISTRICT OFFICE, KERALA STATE POLLUTION
CONTROL BOARD, KANHANGAD, KASARGODE., PIN - 671323
4 DISTRICT MEDICAL OFFICER
BELLA P.O., CHEMMATTAMVAYAL, KANHANGAD,
KASARGODE.,
WP(C) NO. 34852 OF 2025 2
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PIN - 671531
5 ADDL.R5: KANWATHEERTHA NAGARIKA HITHA RAKSHANA
SAMITHI,
KANWATHEERTHA, KUNJATHUR, MANJESHWAR, KASARAGOD
DISTRICT -671323 BY ITS SECRETARY VIJAYA KUMAR
KANWATHIRTHA.
[ADDL.R5 IS IMPLEADED AS PER ORDER DATED
07.10.2025 IN I.A.1/25 IN WP(C)34852/2025.]
BY ADVS.
SHRI.DEEPU THANKAN
SHRI.R.UMASANKAR
SMT.LAKSHMI SREEDHAR
SMT.POOJA CHANDRAN
SMT.CINDIA S.
SMT.GAYATHRI G.
GP - SRI K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 34852 OF 2025 3
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 34852 OF 2025
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Dated this the 19th day of February, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"a) Call for the records of the case from the 2 nd respondent leading to the issuance of Ext.P6 and quash the same by issuance of a writ of certiorari or other appropriate writ or order;
(b) Issue a writ of mandamus or other appropriate writ or order forbearing the respondents 1 and 2 from implementing Ext.P6 order or to close down the fish processing unit being operated by the Petitioners;
(c) Issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to renew the trade licence for the period - 2025-2026 as sought by the Petitioners through Ext.P4 and Ext.P5 forthwith or in any event within a short period being fixed by this Hon'ble Court;
(d) To dispense with the filing of true English translation of Exhibits which are in vernacular language;
(e) To grant such other orders or reliefs that this Hon'ble Court may deem fit to grant under the facts and circumstances of this case "
[SIC]
2. The petitioners are aggrieved by Ext.P6 order passed by the 2nd respondent, by which the petitioners are directed to close down the fish processing unit. The petitioners submitted Ext.P7 objection to Ext.P6, and thereafter, the petitioners approached this Court challenging the same.
3. Heard the learned counsel for the petitioners, the WP(C) NO. 34852 OF 2025 4 2026:KER:15221 learned Standing Counsel appearing for the Panchayat, the learned Standing Counsel appearing for the Pollution Control Board, the learned Government Pleader and the learned counsel appearing for the 5th respondent.
4. Admittedly, the petitioners submitted Ext.P7 objection to Ext.P6. According to the party respondent, there is no pollution because of the functioning of this fish processing unit.
5. If that is the case, there can be a direction to the 3 rd respondent to inspect the premises of the petitioners unit and the 3rd respondent can submit a report to the 2 nd respondent within a time frame and the 2nd respondent will consider Ext.P7 in the light of the report submitted by the Pollution Control Board, in accordance with the law, after giving an opportunity of hearing to the petitioners and the 5th respondent. When this writ petition came up for consideration before this Court on 22.09.2025, this Court passed the following order:
"Sri.Deepu Thankan takes notice for the respondents 1 and 2. Sri.P.Naveen takes notice for the 3rd respondent. The learned Government Pleader takes notice for the 4th respondent. Learned Standing Counsel seeks time to file a statement/counter affidavit.
On a consideration of the facts and materials on record, particularly that Exhibits P4 and P5 renewal applications were filed as early as on 01.02.2025 and in light of the mandate under Rule 10 of the Kerala Panchayat Raj(Issue of License to Factories Trades, Entrepreneurship Activities and other services) Rules, 1996, Iam satisfied that the petitioners are entitled to an interim order. Hence, I direct the respondents to defer all further coercive WP(C) NO. 34852 OF 2025 5 2026:KER:15221 proceedings as against the petitioners pursuant to Exhibit P6 order for a period of three weeks.
Post on 07.10.2025."
The above order can continue till final orders are passed by the Panchayat.
Therefore, this writ petition is disposed of with the following directions:
(i) The 3rd respondent will inspect the premises of the petitioners and submit a report about the allegation of the 5th respondent regarding the pollution, within a period of three weeks from the date of receipt of a copy of this judgment.
(ii) Once the report is received by the 2 nd respondent, the 2nd respondent will consider Ext.P7 along with that report, after giving an opportunity of hearing to the petitioners and the 5th respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the report from the 3 rd respondent.
(iii) Till final orders are passed, the interim order dated 22.09.2025 will continue.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 19.02.2026
Judgment dictated 19.02.2026
Draft judgment placed 20.02.2026
Final Judgment uploaded 21.02.2026
WP(C) NO. 34852 OF 2025 6
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APPENDIX OF WP(C) NO. 34852 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPTS (2 NOS.)
DATED 18.09.2025 ISSUED BY KUNJATHUR VILLAGE Exhibit P2 TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2017-2018 DATED 04.07.2017 Exhibit P2(a) TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2018-2019 DATED 25.09.2018 Exhibit P2(b) TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2019-2020 DATED 22.06.2019 Exhibit P2(c) TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2020-2021 DATED 21.05.2020 Exhibit P2(d) TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2021-2022 DATED 31.05.2021 Exhibit P2(e) TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2022-2023 DATED 27.04.2022 Exhibit P2(f) TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2023-2024 DATED 19.04.2023 Exhibit P2(g) TRUE COPY OF THE TRADE LICENCE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONERS FOR THE PERIOD - 2024-2025 DATED 12.04.2024 Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 12.12.2024 I.E. RENEWAL CONSENT WITH VALIDITY PERIOD UPTO 31.07.2029 Exhibit P4 TRUE COPY OF THE RENEWAL REQUEST SUBMITTED BY THE PETITIONERS DATED 01.02.2025 WP(C) NO. 34852 OF 2025 7 2026:KER:15221 Exhibit P5 TRUE COPY OF THE ONLINE REQUEST FOR RENEWAL AND ONLINE ACKNOWLEDGEMENT GIVEN BY THE 1ST RESPONDENT - PANCHAYATH Exhibit P6 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 25.08.2025 Exhibit P7 TRUE COPY OF THE REPLY GIVEN BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 17.09.2025 Exhibit P8 True copy of the cheque for a sum of Rs.5000/- dated 08.10.2025 and the postal receipt evidencing dispatch of the cover to the Panchayath