High Court of KeralaWP(C)/15277/2015disposed of

M/S.M.K.Timber Industries 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. 15277 of 2015 (H) ------------------------------------------ PETITIONER(S) :

------------------------ KOCHU MUHAMMED, AGED 64 YEARS, S/O.KOCHUNNI, MANAGER, M/S.M.K.TIMBER INDUSTRIES, ORNA, ALLAPRA, ERNAKULAM DISTRICT.

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

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

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

2. THE SECRETARY, VENGOLA GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, VENGOLA, ERNAKULAM DISTRICT.

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. 15277 of 2015 (H) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE PHOTOSTAT COPY OF THE BUILDING PERMIT B/150/08 DATED 09/03/2010.

P2:

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

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

THE PHOTOSTAT COPY OF PROPERTY TAX RECEIPT NO.1897554 DATED 01/04/2014.

P5:

THE PHOTOSTAT COPY OF FOREST NOC NO.164/2014-16 DATED 21/02/2015.

P6:

THE PHOTOSTAT COPY OF THE CONSENT TO OPERATE FROM THE POLLUTION CONTROL BOARD NO.PCB/EKM/IAO - 517/2011 DATED 24/07/2013.

P7:

THE PHOTOSTAT COPY OF THE FIRE NOC NO.A-12325/2013 DATED 13/02/2014.

P8:

THE PHOTOSTAT COPY OF NOC FROM DMO NO.C2-19373/12(L.DIS) DATED 16/11/2012.

P9:

THE PHOTOSTAT COPY OF FACTORY LICENSE DATED 24/12/2014. P10:

THE PHOTOSTAT COPY OF THE NOTICE NO.A1-10417/13 DATED 28/11/2013.

P11:

THE PHOTOSTAT COPY OF THE APPLICATION DATED 06/05/2015 FOR LICENSE.

P12:

THE PHOTOSTAT COPY OF THE JUDGMENT DATED 09/04/2015 IN W.P.(C).NO.10462/2015 OF HONOURABLE HIGH COURT. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.15277 of 2015 -------------------------------------- Dated this the 25th day of May, 2015.

JUDGMENT

The petitioner is the Proprietor of M/s. Moothedam Timbers, Allapra, Vengola, Ernakulam District. The petitioner is aggrieved by the non-issuance of fresh licence by the respondents in spite of obtaining all the statutory clearances/NOC from the concerned departments. According to the petitioner, he has obtained clearance from the Pollution Control Board, Health, Fire, Forest etc. There is no further requirement for the issuance of fresh licence. The petitioner points out that the denial on the part of respondents 1 and 2 in issuing fresh 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 ratio 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

W.P.(C) No.15277 of 2015 -2the same line applying the ratio laid down by this Court in the aforesaid case.

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