Leeja Johnson v. Kodassery Grama Panchayath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 32774 of 2015 (V) ---------------------------- PETITIONER(S):

-------------------------- LEEJA JOHNSON AGED 40 YEARS W/O.JOHNSON, KALLELI HOUSE, KODASSERY P.O.

THRISSUR DISTRICT-680 725.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):

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

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

2. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD THRISSUR DISTRICT OFFICE, PIN-680 001.

3. THE HEALTH INSPECTOR KODASSERY GRAMA PANCHAYATH, CHATTIKULAM P.O.

THRISUR DISTRICT-680 721.

4. SINI W/O.JOSSY, PANACHIKKAL HOUSE, KODASSERY P.O.

PIN-680 725.

R4 BY ADV. SMT.G.VIDYA R2BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1211-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32774 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. TRUE COPY OF THE LICENSE DATED 23/7/2012 ISSUED BY THE 1ST RESPONDENT PANCHAYATH IN THE NAME OF THE 1ST PETITIONER FOR CONDUCTING POULTRY FARM.

EXT.P2. TRUE COPY OF THE ACKNOWLEDGEMENT DATED 13/2/2014 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT EXT.P3. TRUE COPY OF THE APPLICATION DATED 5/3/2015 SUBMITTED BY THE 1ST PETITIONER ALONG WITH THE 2ND RESPONDENT EXT.P4. TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER BEFORE THE HEALTH INSPECTOR OF THE 2ND RESPONDENT EXT.P5. TRUE COPY OF THE COMMUNICATION DATED 6/1/2015 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 1ST PETITIONER EXT.P6. TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF FEES AND APPLICATION FOR RENEWAL OF LICENSE ON 27/3/2015.

EXT.P7. TRUE COPY OF THE STOP MEMO DATED 10/4/2015 ISSUED BY THE 1ST RESPONDENT EXT.P8. TRUE COPY OF THE REQUEST DATED 20/4/2015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT EXT.P9. TRUE COPY OF THE JUDGMENT MADE IN WPC NO.13931/2015 DATED 11/9/2015.

EXT.P10. TRUE COPY OF THE ORDER DATED 9/10/2015 ISSUED BY THE 1ST RESPONDENT AND RECEIVED BY THE PETITIONER ON 21/10/2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 32774 OF 2015 --------------------------------------- Dated this the 12th day of November, 2015

JUDGMENT

Ext.P10 order declining renewal of licence was passed without notice to the petitioner. The same offends the principles of natural justice. I quash Ext.P10 order and direct the first respondent to pass orders anew. The same shall be done with notice to the petitioner within three weeks. The 4th respondent shall also be put on notice and heard in the exercise. The direction in Ext.P9 judgment will continue till orders are passed afresh as directed above. V.CHITAMBARESH, JUDGE sks