Haris Ibrahim vs The Karassery Grama Panchayath on 10 October, 2018

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Kerala High Court

Haris Ibrahim vs The Karassery Grama Panchayath on 10 October, 2018

Bench: Shaji P.Chaly

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940

                        WP(C).No. 25200 of 2018



PETITIONER/S:


                HARIS IBRAHIM
                S/O. K. IBRAHIMKUTTY,HOUSE NO. 2/2575,MALAPPARAMBU
                P.O, KOZHIKKODE DISTRICT.

                BY ADVS.
                SRI.BABU S. NAIR
                SMT.SMITHA BABU



RESPONDENT/S:
       1      THE KARASSERY GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY,KARASSERY P.O,
              KOZHIKKODE DISTRICT, PIN 673 602.

      2         THE SECRETARY
                KARASSERY GRAMA PANCHAYATH,KARASSERY P.O, KOZHIKKODE
                DISTRICT, PIN 673 602.

                R1 & R2 BY SRI.P.C.SASIDHARAN,SC




          THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
          10.10.2018, THE COURT ON THE SAME DAY DELIVERED THE
          FOLLOWING:
 WP(C).No. 25200 of 2018               2

                                          JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

'i) Call for the entire records leading up to Exhibit P11 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to issue a license to the petitioner for a stone crusher unit, established pursuant to Exhibits P2 to P9 permissions;

iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.'

2. Petitioner is the owner of an extent of 3 Acres of property comprised in un-surveyed land of Kumaranallur Village, Kozhikode taluk. According to the petitioner, with the intention of establishing a stone crusher unit, petitioner has approached the Panchayat for D & O license, which was rejected as per Ext.P11 order stating that, the construction carried out by the petitioner in the property is without securing permit from the Panchayat. Even WP(C).No. 25200 of 2018 3 though, various contentions are raised in this writ petition with respect to the illegality of Ext.P11 order, learned counsel for the petitioner submitted that, an application will be submitted for regularization of the construction carried out by the petitioner, taking advantage of the Kerala Panchayat (Regularization of Unauthorized Consideration) Rules, 2018 and thereafter, approach the Panchayat for issuance of consequential orders.

2. I have heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents and I am of the considered opinion that the writ petition can be disposed of with appropriate directions.

3. If the petitioner makes any application in accordance with the Rules specified above, within three weeks from the date of receipt of a copy of this judgment, it shall be considered by the 2nd respondent in accordance with the provisions of the Rules and attain finality, at the earliest, and at any rate, within three months from the date of receipt of a copy of this judgment. If the petitioner is securing necessary enabling orders WP(C).No. 25200 of 2018 4 from the 2nd respondent, Secretary of the Panchayat shall consider the license application submitted by the petitioner at the earliest possible time, irrespective of the findings contained under Ext.P11. I also make it clear that if any other applications are submitted by the petitioner, if and when a regularization order is secured, the same shall also be considered by the Panchayat in accordance with law.

The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY JUDGE uu 11.10.2018 WP(C).No. 25200 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE KANAM ASSIGNMENT DEED AS NO. 454/1 OF THE S.R.O, MUKKOM.

EXHIBIT P2 TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED, 26-4-2011.

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE DISTRICT MEDICAL OFFICER, KOZHIKKODE DATED 15- 06-2016 EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE DIVISIONAL OFFICER, FIRE AND RESCUE DATED, 2-11- 2016 EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM DATED, 14-12-2011 EXHIBIT P6 TRUE COPY OF THE NO-OBJECTION ISSUED TO THE PETITIONER BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE, KOZHIKODE DATED, 30-03-2017 EXHIBIT P7 TRUE COPY OF THE NO-OBJECTION ISSUED TO THE PETITIONER BY THE DISTRICT MEDICAL OFFICER, KOZHIKKODE DATED, 6- 3-2017 EXHIBIT P8 TRUE COPY OF THE CONSENT FOR ESTABLISH ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DT. 13-12- 2016 EXHIBIT P9 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DT 16-11-2017 EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 39491/2017 DATED, 14-12-2017.

EXHIBIT P11 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED, 17-7-2018 AS NO. A4-9554/18 RESPONDENT'S EXHIBITS:NIL WP(C).No. 25200 of 2018 6 //TRUE COPY// P.A. TO JUDGE

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