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High Court of KeralaWP(C)/15243/2015disposed of

M/S.Igm Wood Products v. Vengola Grama Panchayat

2015-05-25Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 WP(C).No. 15243 of 2015 (E) --------------------------------------- PETITIONER(S):

---------------------- M/S.IGM WOOD PRODUCTS, WEST VENGOLA, ERNAKULAM DISTRICT, REPRESENTED BY THE MANAGING PARTNER, ISHFAQUE GAFOOR AGED 23 YEARS, S/O.ABDUL GAFOOR.

BY ADV. SRI.K.I.SAGEER RESPONDENT(S):

-------------------------

1. VENGOLA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VENGOLA ERNAKULAM DISTRICT. 683 554.

2. THE SECRETARY, VENGOLA GRAMA PANCHAYAT, VENGOLA, ERNAKULAM DISTRICT-683 554.

BY SRI.C.A.NAVAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 15243 of 2015 (E) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF PANCHAYATH LICENSE NO.451/14-15 DATED 24.07.154. EXHIBIT P2.

COPY OF THE INTERIM ORDER DATED 29.3.09 IN WPC 9155/07 OF HONOURABLE HIGH COURT.

EXHIBIT P3.

COPY OF THE ORDER DATED 21.4.14 IN SLP(C)NO.22856/2011 OF THE HONOURABLE SUPREME COURT.

EXHIBIT P4.

COPY OF THE FOREST NOC NO.462/13 DATED 28.12.13. EXHIBIT P5.

COPY OF THE NOC FROM THE POLLUTION CONTROL BOARD NO.PCB/EKM/DO2/IAO-273/08 DATED 04.09.13.

EXHIBIT P6.

COPY OF THE NOC FROM FIRE NO.G.8086/14 DATED 8.10.14. EXHIBIT P7.

COPY OF THE RELEVENT PAGES OF NOC FROM DMO NO.C2-17647/13 (L.DIS) DATED 3.12.13.

EXHIBIT P8.

COPY OF THE NOC FROM THE DEPARTMENT OF FACTORIES AND BOILERS DATED 13.1.15.

EXHIBIT P9.

COPY OF THE EXPANSION APPLICATION WITH ACKNOWLEDGMENT RECEIPT DATED 14.5.15.

EXHIBIT P10. COPY OF THE JUDGMENT DATED 19.3.15 IN WPC 8108/15 OF HONOURABLE HIGH COURT.

EXHIBIT P11. COPY OF THE JUDGMENT DATED 9.4.15 IN WPC 10462/15 OF HONOURABLE HIGH COURT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 15243 of 2015 -------------------------------------- Dated this the 25th day of May, 2015.

JUDGMENT

Non-consideration of the petitioner's application for renewal of licence for conducting plywood industry by the respondent Panchayat is the cause of action in this writ petition.

2.

The petitioner is aggrieved by the refusal of expansion and non-renewal of licence by the respondent in spite of obtaining statutory clearance from the concerned department. According to the petitioner, he has obtained clearance from the Pollution Control Board, Health, Fire, Forest etc. There is no further requirement for statutory renewal. The petitioner points out that the denial on the part of respondents 1 and 2 in renewing the licence is without any valid reason.

3.

When the matter was taken up for hearing, the learned counsel for the petitioner invited my attention to the

W.P.(C) No. 15243 of 2015 -2ratio of the decision laid down by this Court in W.P.(C) No.15120 of 2015, which covers a similar situation. In the light of the above, this writ petition is disposed of on the same line applying the ratio laid down by this Court in the aforesaid case.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.