Kerala High Court
Dr. Jojo Enas vs Konni Grama Panchayat on 10 June, 2022
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
WP(C) NO. 34310 OF 2017
PETITIONER:
DR.JOJO ENAS
AGED 43 YEARS
PROPRIETOR, QUEEN MARY HOSPITAL,KONNI P.O,
PATHANAMTHITTA.
BY ADVS.
PAUL JACOB (P)
SUSANNA K SEBASTIAN
MATHEW THOMAS
SHERU JOSEPH(K/1522/2002)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,DEPARTMENT OF LOCAL
SELF GOVERNMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM -695 001.
2 DISTRICT COLLECTOR
COLLECTORATE ROAD, CHITTOOR,
PATHANAMTHITTA - 689 645.
3 DIRECTOR OF PANCHAYATS
PUBLIC OFFICE BUILDING, MUSEUM
P.O.,THIRUVANANTHAPURAM -695 033.
4 DISTRICT MEDICAL OFFICER
DISTRICT MEDICAL OFFICE,
PATHANAMTHITTA -689 645.
5 KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, MAKKANKUNNU,
PATHANAMTHITTA-689645,
REPRESENTED BY THE ENVIRONMENTAL ENGINEER.
6 KONNI GRAMA PANCHAYAT
KONNI P.O, PATHANAMTHITTA -689 691,
REPRESENTED BY ITS SECRETARY.
7 MATSYAFED
MATSYAFED FISH MALL, KONNI P.O.,
PATHANAMTHITTA-689 691,REPRESENTED BY ITS MANAGER.
BY ADV SRI.T.P.PRADEEP, SC, MATSYAFED
W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019
2
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.06.2022, ALONG WITH WP(C).8299/2019,
33461/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
WP(C) NO. 8299 OF 2019
PETITIONER:
DR. JOJO ENAS
AGED 44 YEARS
PROPRIETOR, QUEEN MARY HOSPITAL, KONNI P.O,
PATHANAMTHITTA.
BY ADVS.
BECHU KURIAN THOMAS (SR.)
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
RESPONDENTS:
1 KONNI GRAMA PANCHAYAT
KONNI P.O, PATHANAMTHITTA-689 691,
REPRESENTED BY ITS SECRETARY.
2 SECRETARY
KONNI GRAMA PANCHAYAT, KONNI P.O,
PATHANAMTHITTA-689 691
3 MATSYAFED
MATSYAFED FISH STALL, KONNI P.O,
PATHANAMTHITTA -689 691.
REPRESENTED BY ITS MANAGER.
BY ADVS.
SRI.SUNIL JACOB JOSE, SC, KONNI GRAMA PANCHAYAT
SRI.V.K.SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.06.2022, ALONG WITH WP(C).34310/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
WP(C) NO. 33461 OF 2017
PETITIONER:
DR.JOJO ENAS
PROPRIETOR, QUEEN MARY HOSPITAL,KONNI P.O,
PATHANAMTHITTA.
BY ADVS.
PAUL JACOB (P)
SUSANNA K SEBASTIAN
MATHEW THOMAS
SHERU JOSEPH(K/1522/2002)
RESPONDENTS:
1 DISTRICT COLLECTOR, PATHANAMTHITTA
COLLECTORATE ROAD, CHITTOOR,PATHANAMTHITTA-
689645.
2 DIRECTOR OF PANCHAYATS
PUBLIC OFFICE BUILDING, MUSEUM
P.O,THIRUVANAHTAPURAM-695033.
3 DEPUTY DIRECTOR OF PANCHAYATS
CIVIL STATION, PATHANAMTHITTA-689645.
4 DISTRICT MEDICAL OFFICER
DISTRICT MEDICAL OFFICE, PATHANAMTHITTA-689645.
5 KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, MAKKANKUNNU, PATHANAMTHITTA-
689645.REPRESENTED BY THE ENVIRONMENTAL
ENGINEER.
6 KONNI GRAMA PANCHAYAT
KONNI P.O, PATHANAMTHITTA-689691.
7 MASTYAFED
MASTYAFED FISH STALL,KONNI P.O, PATHANAMTHITTA-
689 691. REPRESENTED BY ITS MANAGER.
BY ADVS.VIDYA KURIAKOSE, GOVERNMENT PLEADER
SRI.V.K.SUNIL
SRI.SUNIL JACOB JOSE
SRI.T.P.PRADEEP, SC, MATSYAFED, T.NAVEEN, SC
W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019
5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.06.2022, ALONG WITH WP(C).34310/2017
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019
6
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.34310 & 33461 of 2017 and 8299 of 2019
----------------------------------------------
Dated this the 10th day of June, 2022
JUDGMENT
All these writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment.
2. Grievance of the petitioner in these writ petitions is that the 7th respondent in W.P.(C). No.33461 of 2017 is conducting a fish processing unit just near to the hospital of the petitioner. A series of orders were passed by different authorities in connection with this issues and this Court also passed interim orders in these writ petitions at different stages.
3. When these writ petitions came up for consideration today, the learned counsel for the petitioner submitted that the 7th respondent Matsyafed is conducting this fish processing unit violating the distance rule prescribed by the Pollution Control Board. The learned Standing Counsel for the 7th respondent Matsyafed, on the other hand, submitted that the unit is already shifted from the prese nt place to another place.
W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019 7
4. In the light of the same, nothing survives in this case. The petitioner apprehend that the 7 th respondent Matsyafed will continue the process unit in the present place.
I make it clear that in the light of the statement submitted by the Standing Counsel, the 7th respondent cannot function the fish processing unit in the present location.
Recording the submission of the Standing Counsel, these writ petitions are closed.
Sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019 8 APPENDIX OF WP(C) 8299/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REPORT SUBMITTED BY THE D.M.O PATHANAMTHITTA.
EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 14.09.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ARGUMENT NOTES DATED 14.12.2018 EXCLUDING THE ATTACHED DOCUMENTS.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE 1ST RESPONDENT DATED AS 15.12.2018. EXHIBIT P5 TRUE COPY OF THE D& O LICENSE DATED AS 31.12.2018.
W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019 9 APPENDIX OF WP(C) 33461/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 28.10.2015 IN WP(C) NO. 32682/2015 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 02.12.2015 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 08.02.2016 IN WP(C) NO. 39368/2015 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P4 A TRUE COPY OF THE CONSENT REFUSAL INTENTION NOTICE DATED 29.02.2016 ISSUED BY THE 5TH RERSPONDENT. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 22.03.2016 IN WP(C) NO. 10998/2016 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 25.10.2016 IN W.A. 946/2016 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT P7 A TRUE COPY OF THE CONSENT REFUSAL INTENTION NOTICE DATED 22.04.2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE DECISION NO. VIII TAKEN BY THE COMMITTEE OF THE 6TH RESPONDENT IN ITS MEETING HELD ON 14.08.2017.
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 30.08.2017 ISSUED BY THE 6TH RESPONDENT .
EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 14.09.2017 ISSUED BY THE 6TH RESPONDENT TO THE 7TH RESPONDENT. EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 19.09.2017 ISSUED BY THE PERFORMANCE AUDIT SUPERVISOR TO THE 3RD RESPONDENT.
EXHIBIT P13 A TRUE COPY OF THE LETTER DATED 18.09.2017 ISSUED BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT. W.P.(C).No.34310 & 33461 of 2017 and 8299 of 2019 10 APPENDIX OF WP(C) 34310/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DECISION NO.VII TAKEN BY THE COMMITTEE OF THE 6TH RESPONDENT IN ITS MEETING HELD ON 14.08.2017 EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 30.08.2017 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 14.09.2017 ISSUED BY THE 6TH RESPONDENT TO THE 7TH RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 18.09.2017 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DTD.
20.10.2017 IN WPC 33461/2017 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE ORDER PRE DATED AS 19.10.2017 ISSUED BY THE UNDER SECRETARY TO THE 1ST RESPONDENT.