High Court of KeralaWP(C)/16267/2015disposed of

P.P.Joy v. Kodassery Grama Panchayath

2015-07-21Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 16267 of 2015 (G) ---------------------------- PETITIONER:

--------------------- P.P.JOY, AGED 67 YEARS, S/O.P.S.PAILY (LATE), PROPRIETOR, LYRIL PLASTICS ANAMALA ROAD, ELANJIPRA CHALAKUDY, PIN -680 721. BY ADVS.SRI.J.JULIAN XAVIER SRI.E.HARIDAS RESPONDENT(S):

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

1. KODASSERY GRAMA PANCHAYATH CHATTIKULAM P.O., THRISSUR DISTRICT, PIN - 680 721 REPRESENTED BY ITS SECRETARY.

2. THE DISTRICT MEDICAL OFFICER, THRISSUR, PIN - 680 020.

3. MEDICAL OFFICER, PUBLIC HEALTH CENTRE, ELENJIPRA, CHALAKUDY PIN - 680 721.

R1 BY ADVS. SMT.I.SHEELA DEVI SRI.BINESH.K.N.

R2 & R3 BY GOVERNMENT PLEADER SMT. ANITHA RAVEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr.

WP(C).No. 16267 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE LICENSE DATED 7.11.2014 EXT.P-2: TRUE COPY OF THE RENEWAL OF CONSENT ISSUED BY THE POLLUTION CONTROL BOARD, THRISSUR DATED 5.3.2015.

EXT.P-3: TRUE COPY OF THE SANITARY CERTIFICATE DATED 7.11.2014 ISSUED BY THE 3RD RESPONDENT.

EXT.P-4: TRUE COPY OF THE APPLICATION DATED 23.3.2015. EXT.P-5: COPY OF THE CASH OF THE CASH RECEIPT DATED 7.5.2015. EXT.P-6: TRUE COPY OF THE LETTER DATED 6.5.2015 ISSUED BY THE IST RESPONDENT TO THE 3RD RESPONDENT.

EXT.P-7: TRUE COPY OF THE STOP MEMO DATED 29.5.2015 ISSUED BY THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- /TRUE COPY/ P.S.TO JUDGE vmr.

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.16267 of 2015 --------------------------------------------- Dated this the 21st day of July, 2015

JUDGMENT

The petitioner has approached this Court aggrieved by the stop memo issued by the respondent Panchayat for non-production of sanitary certificate by the petitioner.

2. In the writ petition, it is alleged that no notice has been issued to the petitioner requesting to produce sanitary certificate. It was also stated that pursuant to the request, inspection was conducted on 23.5.2015 and fresh sanitary certificate is awaited.

3. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the respondent Panchayat.

Today when the matter came up for hearing, the learned counsel for the petitioner invited my attention to Ext.P8 sanitary certificate obtained by the petitioner which was submitted before the respondent Panchayat and the same has been acknowledged by the respondent

Panchayat.

In the light of the above, this writ petition is disposed of directing the respondent Panchayat to re-consider Ext.P4 application pending before the respondent Panchayat, in the light of the sanitary certificate now produced and issue formal orders within a period of two weeks from the date of receipt of a copy of this judgment, after affording the petitioner an opportunity of being heard.

sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE