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High Court of KeralaWP(C)/15264/2015disposed of

M/S.Turbo Veneers v. The 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. 15264 of 2015 (G) ---------------------------------------- PETITIONER(S) :

------------------------ M/S.TURBO VENEERS, WEST VENGOLA, ERNAKULAM DISTRICT, REPRESENTED BY THE MANAGING PARTNER, MUHAMMED SHAFEEQUE, AGED 35 YEARS, S/O.ABDUL RAHMAN. BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENT(S) :

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

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

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

BY ADV. 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:

Msd.

WP(C).No. 15264 of 2015 (G) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

PHOTOSTAT COPY OF PANCHAYAT LICENCE NO.346 DATED 21/07/2014. EXT.P2:

THE PHOTOCOPY OF THE INTERIM ORDER DATED 27/03/2009 IN W.P.(C).NO.9155/2007 OF HONOURABE HIGH COURT. EXT.P3:

THE PHOTOCOPY OF THE ORDER DATED 21/04/2014 IN SLP(CIVIL) NO.22856/2011 OF HONOURABLE SUPREME COURT. EXT.P4:

THE PHOTOSTAT COPY OF THE D & O TRADE LICENSE FEE RECEIPT NO.2898509 DATED 21/05/2014.

EXT.P5:

THE PHOTOSTAT COPY OF THE FOREST NOC NO.C3.5774/2004 DATED 04/11/2004.

EXT.P6:

THE PHOTOSTAT COPY OF THE NOC FROM THE POLLUTION CONTROL BOARD NO.PCB/CHM/CE-60/02 DATED 26/10/2013. EXT.P7:

THE PHOTOSTAT COPY OF THE NOC FROM THE FIRE NO.G.2599/14 DATED 31/03/2014.

EXT.P8:

THE PHOTOSTAT COPY OF THE NOC FROM DMO NO.C2-23844/13 (L.DIS) DATED 22/01/2014.

EXT.P9:

THE PHOTOSTAT COPY OF THE NOC FROM THE DEPARTMENT OF FACTORIES BOILERS DATED 22/12/2014.

EXT.P10:

THE PHOTOCOPY OF THE JUDGMENT DATED 19/03/2015 IN W.P.(C).NO.8108/2015 OF HONOURABE HIGH COURT. EXT.P11:

THE PHOTOCOPY OF THE JUDGMENT DATED 09/04//2015 IN W.P.(C).NO.10462/2015 OF HONOURABLE HIGH COURT. EXT.P12:

THE PHOTOCOPY OF THE EXPANSION APPLICATION DATED 14/05/2015.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 15264 of 2015 -------------------------------------- Dated this the 25th day of May, 2015.

JUDGMENT

Non-consideration of the petitioner's application for renewal of licence for running a plywood unit 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. 15264 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.