High Court of KeralaSingle Judge2022-03-22Writ petitions disposed of

George Joseph, Ummmer M. M., Poly Xavier v. State of Kerala and others

Case / Petition Number:WP(C) No. 13111 of 2021; WP(C) Nos. 5881 of 2022; 6263 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: T. R. Ravi
Judgment Date: 2022-03-22
Court Decision / Holding: Permissions and time-bound directions: (i) The Secretary of the Kavalangad Grama Panchayat shall grant necessary permission to the Managing Partner, Cheeran Structurals, within 10 days for establishing a temporary hot-mix plant, so that the road work can commence and be completed before the monsoon; (ii) the permission shall be strictly for a temporary plant, with no renewal; (iii) Cheeran Structurals shall remove the entire unit immediately after completion of the work; (iv) the State shall ensure that the work is completed by 30.06.2022. The writ petitions are disposed of accordingly.
Final Disposition: Writ petitions disposed of

Parties to the Case

Appellants / Petitioners

George Joseph
Ummer M. M.
Poly Xavier

Respondents

State of Kerala represented by its Secretary, Local Self Government Department, Government Secretariat, Thiruvananthapuram - 695001
The District Collector, Civil Station, Kakkanadu, Ernakulam - 682030
The Kavalangad Grama Panchayat Committee represented by its President, Nellimattom P.O., Ernakulam District - 686693
The Kavalangad Grama Panchayat represented by its Secretary, Nellimattom P.O., Ernakulam District - 686693
The Secretary, Kavalangad Grama Panchayath, Nellimattom P.O., Kothamangalam, Ernakulam District - 686693
The Health Inspector, Community Health Center, Nellimattom P.O., Kothamangalam, Ernakulam District - 686693
The Environmental Engineer, Kerala State Pollution Control Board, District Office - II, Perumbavoor, Ernakulam District - 683542
The District Officer, Fire and Rescue Department, Kadavanthara, Ernakulam, Kochi - 682020
Shiranlson C. Mathews, Managing Partner, Cheeran Structurals, Chalissery P.O., Palakkad District - 679536
Bose Well John, S/o. John, Thazhathoottu House, Kavalangad P.O., Nellimattom, Kothamangalam, Ernakulam District - 686693

Legal Representation & Advocates

Counsels for Petitioners

• George Mathew
• M. D. Sasikumanaran
• Praveen S.
• Sunil Kumar A.G
• Dipu James
• Mathew K.T.
• George K.V.
• Stephy K. Reji

Counsels for Respondents

• Peeus A. Kottam
• Akhil Suresh
• B. S. Syamanthak
• Government Pleader
• G. Harikumaar (Gopinathan Nair)
• Eldho John
• R. Dinesh

Case Synopsis & Summary

The petitions challenge the setting up of a hot-mix plant by M/s Cheeran Structurals in connection with a road works project between Panayamkutty Junction and Neriyamangalam road. The matter had previously reached the Tribunal for Local Self Government Institutions, which directed the Kavalangad Grama Panchayat to grant a licence to Cheeran Structurals. The petitioners contend the order is contrary to law and raise concerns about health and environmental hazards from a hot-mix facility situated in a densely populated area, along with alleged violations in the establishment process. The respondents—led by the State and the District Collector—argue the project serves an essential public purpose, that completion is being jeopardized by delays, and that regulatory safeguards and licensing protocols must govern temporary installations. During hearings, counsel for Cheeran Structurals undertook an affidavit to operate the unit only for completing the road work and to remove the structure thereafter. The court acknowledges the public interest in road development but stresses balancing development with residents’ rights and safety. It relies on established authorities allowing temporary installations under proper regulatory oversight and ultimately issues directions to permit a temporary hot-mix plant for a limited period, with explicit conditions, a non-renewable arrangement, and a strict deadline for removal and completion. The petitions are disposed of accordingly, with vigilant safeguards for health and environment.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the setting up of a hot-mix plant in a densely populated area is fraught with health hazards and environmental violations. They emphasize that temporary installations require strict regulatory compliance and that the unit’s presence should not be allowed to proceed under the blanket of public interest alone. They contend that the plant should be sited, licensed, and supervised with due regard for residents’ rights and safety, and that any permission should be tightly conditioned and time-bound. They point to potential procedural lapses and seek judicial oversight to ensure safeguards.

Contentions of Respondents

The respondents underscore the public necessity of road works and the urgency of completing the project. They argue that the court can balance development with health concerns by permitting a temporary, time-bound installation under stringent conditions, without enabling a renewal. They urge that licensing and regulatory standards be observed and that the work proceed expeditiously to avoid waste of public funds, with the understanding that the facility will be removed after completion.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Tomy Thomas v. State of Kerala	2019 (3) KLT 987	Positive	Cited as a Full Bench authority supporting the permissibility of temporary/licensed installations for public works, guiding the present decision.
Jolly George v. George Elias and Associates	2002 (1) KLT 8	Positive	Cited as a Division Bench authority recognizing regulatory-based permission for temporary installations in public projects.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE T.R.RAVI** **TUESDAY, THE 22[ND] DAY OF MARCH 2022 / 1ST CHAITHRA, 1944** ## **WP(C) NO. 13111 OF 2021** ## **PETITIONERS:** 1 GEORGE JOSEPH AGED 60 YEARS, S/O. JOSEPH, PUTHENVEETTIL HOUSE, NELLIMATTOM POST, PULIANPARA, KAVALANGAD, ERNAKULAM - 686 693. 2 UMMER M. M. AGED 64 YEARS, S/O. MUHAMMED, MANALUMPARA, NELLIMATTOM POST, PULIANPARA, KAVALANGAD, KOTHAMANGALAM, ERNAKULAM - 686 693. 3 POLY XAVIER AGED 60 YEARS, S/O. XAVIER, THEGUMKUDIYIL HOUSE, NELLIMATTOM POST, PULIANPARA, KAVALANGAD, ERNAKULAM - 686 693. BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.PRAVEEN S. SRI.SUNIL KUMAR A.G SRI.DIPU JAMES SRI.MATHEW K.T. SRI.GEORGE K.V. SMT.STEPHY K REGI ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANADU, ERNAKULAM - 682 030. **2** W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 3 THE CHIEF TOWN PLANNER SWARAJ BHAVAN, THIRUVANANTHAPURAM - 695 003. 4 THE KAVALANGAD GRAMA PANCHAYATH COMMITTEE REP. BY ITS PRESIDENT, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P. O., ERNAKULAM DISTRICT - 686 693. 5 THE KAVALANGAD GRAMA PANCHAYATH REP. BY ITS PRESIDENT, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P. O., ERNAKULAM DISTRICT - 686 693. 6 THE SECRETARY KAVALANGAD GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P. O., KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 693. 7 THE HEALTH INSPECTOR COMMUNITY HEALTH CENTER, NELLIMATTOM P. O., KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 693. 8 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE - II, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 542. 9 THE DISTRICT OFFICER FIRE AND RESCUE DEPARTMENT, KADAVANTHARA, ERNAKULAM, KOCHI - 682 020. 10 CHEERAN STRUCTURALS 11/124M, REPRESENTED BY ITS MANAGING PARTNER, SHIRILSON C. MATHEWS, CHALISSERY P. O., PALAKKAD DISTRICT - 679 536. **3** W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 11 BOSE WELL JOHN AGED 58 YEARS, S/O. JOHN, THAZHATHOOTTU HOUSE, KAVALANGAD P. O., NELLIMATTOM, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 693. BY ADVS. SRI.PEEYUS A.KOTTAM SRI.AKHIL SURESH SRI.B.S.SYAMANTHAK, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, ALONG WITH WP(C).5881/2022, 6263/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 22[ND] DAY OF MARCH 2022 / 1ST CHAITHRA, 1944 WP(C) NO. 5881 OF 2022** ## **PETITIONER:** UMMER M M, AGED 65 YEARS, S/O. MUHAMMED, MANALUMPARA, NELLIMATTOM P.O, PULIANPARA, KAVALANGAD, KOTHAMANGALAM, ERAKULAM, 686 693. BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.MATHEW K.T. SRI.SUNIL KUMAR A.G SRI.GEORGE K.V. SRI.PRAVEEN S. SRI.DIPU JAMES SMT.STEPHY K REGI ## **RESPONDENTS:** 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM-682 030 W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **5** 3 THE KAVALANGAD GRAMA PANCHAYATH COMMITTEE, REP. BY ITS , PRESIDENT, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P.O, ERNAKULAM DISTRICT-686 693. 4 THE KAVALANGAD GRAMA PANCHAYATH, REP. BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P.O, ERNAKULAM DISTRICT-686 693 5 THE SECRETARY, KAVALANGAD GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT 686 693. 6 THE HEALTH INSPECTOR, COMMUNITY HEALTH CENTER, NELLIMATTOM P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT 686 693. 7 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE-II, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542 8 SHIRILSON C. MATHEWS, MANAGING PARTNER, CHEERAN STRUCTURALS, VALAKOM P.O, MUVATTUPUZHA, ERNAKULAM-682 316 BY ADVS. SRI.PEEYUS A.KOTTAM SRI.G.HARIKUMAR (GOPINATHAN NAIR) SRI.AKHIL SURESH SRI.B.S.SYAMANTHAK, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, ALONG WITH WP(C).13111/2021 AND 6263/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **6** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **TUESDAY, THE 22[ND] DAY OF MARCH 2022 / 1ST CHAITHRA, 1944 WP(C) NO. 6263 OF 2022** ## **PETITIONER:** UMMER M.M AGED 65 YEARS, S/O. MUHAMMED, MANALUMPARA, NELLIMATTOM P.O, PULIANPARA, KAVALANGAD, KOTHAMANGALAM, ERNAKULAM 686 693 BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G SRI.DIPU JAMES SRI.PRAVEEN S. SRI.MATHEW K.T. SRI.GEORGE K.V. SMT.STEPHY K REGI ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANADU, **7** W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 ERNAKULAM 682 030 3 THE KAVALANGAD GRAMA PANCHAYATH COMMITTEE REPRESENTED BY ITS PRESIDENT, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P.O, ERNAKULAM DISTRICT 686 693 4 THE KAVALANGAD GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P.O, ERNAKULAM DISTRICT 686 693 5 THE SECRETARY, KAVALANGAD GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE, NELLIMATTOM P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT 686 693 6 THE HEALTH INSPECTOR, COMMUNITY HEALTH CENTER, NELLIMATTOM P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT 686 693 7 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE II, PERUMBAVOOR, ERNAKULAM DISTRICT 683542 8 SHIRILSON C MATHEWS, MANAGING PARTNER, CHEERAN STRUCTURALS, VALAKOM P.O, MUVATTUPUZHA, ERNAKULAM 682 316 W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **8** 9 T.P MALKA, AGED 56 YEARS, S/O. REV FR. T.M PETER, DAIVULLATHIL HOUSE, KAMBILIKANDAM KARA, KONNATHADI VILLAGE, IDUKKI TALUK AND DISTRICT 686 563 BY ADVS. SRI.G.HARIKUMAR (GOPINATHAN NAIR) SRI.ELDHO JOHN SRI.R.DINESH SRI.AKHIL SURESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, ALONG WITH WP(C).13111/2021 AND 5881 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **9** ## **T.R. RAVI, J.** **--------------------------------------------** W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 -------------------------------------------Dated this the 22[nd] day of March, 2022 ## **JUDGMENT** All these writ petitions raise a similar question and they are being heard and disposed of together. 2. The petitioners in these writ petitions are aggrieved by the setting up of a hot mix plant. The issue had reached the Tribunal for Local Self Government Institutions and the Tribunal had directed the Kavalangad Grama Panchayat to grant licence to M/s.Cheeran Structurals. The petitioners contend that the order is opposed to law. The learned counsel for M/s. Cheeran Structurals contends that the issue regarding the grant of temporary permit for setting up of a hot mix plant is covered by the judgment of a Full Bench of this Court in **Tomy Thomas v. State of Kerala** reported in **[2019 (3) KLT 987]** and that of a Division Bench of this Court in **Jolly George v. George Elias and Associates** reported in **[2002 (1) KLT 8]** and it is for the W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **10** Secretary of the Panchayat to issue permission. It is contended that consideration by the Panchayat is required only in case of permanent hot mix plant installations. 3. When the case is taken up today, Sri N.N.Sugunapalan, learned Senior counsel appearing for M/s.Cheeran Structurals submits that they have filed an affidavit undertaking that the unit will be functional only for the purpose of completion of the work of laying of the road between Panayamkutty Junction and Neriyamangalam road and they will remove the entire structure after the work is over. The learned counsel for the Panchayat has submitted that they have no objection to grant permission for a temporary hot mix plant, which can be operated for a period of 4 months. 4. The Special Government Pleader on behalf of the State submits that work has come to a stand-still and unless it is completed before monsoon begins, the work already done will be wasted and it will only result in a drain on the public exchequer. It is submitted that the period for completion of the work has been extended till 30.06.2022 and the work has to be completed by then. W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **11** 5. The learned counsel for the petitioners submits that their grievance is not regarding the question whether the unit is a temporary unit or permanent unit alone but that the unit is functioning in a thickly populated area and causing health hazards to the inhabitants of the area. It is also submitted that there are other violations in the establishment of the plant. Any work of this nature is likely to cause disturbance to people residing nearby but that cannot by itself be a reason for stopping the project. The project is incidental and complementing a larger project of road construction facilitating better connectivity. The development has to happen since it is for a larger public interest. At the same time, developmental activities should not unreasonably put people to trouble. It is for this purpose that the law lays down stipulations regarding the manner in which licenses should be issued and the manner in which the work should be carried out and completed. Keeping the above aspects in mind and for ensuring that rights of all stakeholders are protected to the possible extent, the following directions are issued in the interest of justice. W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **12** (i) The Secretary of the Kavalangad Grama Panchayat shall grant necessary permission to the Managing Partner, M/s.Cheeran Structurals, as expeditiously as possible, at any rate, within 10 days for establishing a temporary hotmix plant, so that the work can be commenced at the earliest and completed before monsoon. (ii) The permission granted shall only be for the purpose of setting up of a temporary hot mix plant and M/s.Cheeran Structurals shall not seek renewal. (iii) As undertaken in the affidavit, M/s.Cheeran Structurals shall remove the entire unit immediately after the work is over. (iv) The State shall also ensure that the work does not get delayed beyond 30.06.2022. The writ petitions are disposed of as above. Sd/- **T.R. RAVI** **JUDGE** Pn W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **13** ## **APPENDIX OF WP(C) 13111/2021** PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF STOP MEMO NO.K2-02/2020 DATED 03.01.2020 ISSUED BY 6TH RESPONDENT. Exhibit P1(a) TRUE COPY OF DECISION DATED 31.01.2020 PASSED BY 4TH RESPONDENT. - Exhibit P2 TRUE COPY OF COMMON ORDER DATED 02.03.2020 IN W.P.(C) NO.774 OF 2020 AND CONNECTED CASE. - Exhibit P3 TRUE COPY OF JUDGMENT DATED 27.03.2020 IN W.A.NO.549 OF 2020 AND CONNECTED CASES. - Exhibit P4 TRUE COPY OF COMMON JUDGMENT DATED 17.12.2020 IN W.P.(C) NO.774 OF 2020 AND CONNECTED CASES. - Exhibit P5 TRUE COPY OF JUDGMENT DATED 04.02.2021 IN W.A.NO.124 OF 2021 AND CONNECTED CASES. - Exhibit P6 TRUE COPY OF ORDER NO.K2-935/2021 DATED 05.03.2021 ISSUED BY 6TH RESPONDENT. - Exhibit P6(a) TRUE COPY OF LICENSE NO.229/2020-2021/K2/1657/21 DATED 09.03.2021 ISSUED BY 6TH RESPONDENT. - Exhibit P7 TRUE COPY OF ORDER DATED 30.03.2021 IN APPEAL NO.161 OF 2021 PASSED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. - Exhibit P8 TRUE COPY OF APPLICATION DATED 06.02.2021 SUBMITTED BY 10TH RESPONDENT TO RESPONDENTS 4 TO 6. Exhibit P9 TRUE COPY OF COMMISSION REPORT DATED 24.02.2021 IN I.A.NO.3 OF 2021 IN O.S.NO.35 OF 2021 BEFORE W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **14** THE MUNSIFF'S COURT, KOTHAMANGALAM. - Exhibit P10 TRUE COPY OF CONSENT TO ESTABLISH DATED 23.01.2020 ISSUED BY 8TH RESPONDENT. - Exhibit P10(a) TRUE COPY OF CONSENT TO OPERATE DATED 29.07.2020 ISSUED BY 8TH RESPONDENT. - Exhibit P11 TRUE COPY OF ENVIRONMENTAL STANDARDS FIXED BY CENTRAL POLLUTION CONTROL BOARD FOR HOT MIX PLANTS. - Exhibit P11(a) TRUE COPY OF CIRCULAR NO.PCB/HO/CIRCULAR/2015(4) DATED 16.09.2015. - Exhibit P12 TRUE COPY OF LETTER NO.K2-3421/20 DATED 17.09.2020 OF 6TH RESPONDENT. - Exhibit P13 TRUE COPY OF ACKNOWLEDGEMENT CERTIFICATE NO.KLMSME-4899/2020 DATED 07.10.2020. - Exhibit P14 TRUE COPY OF LICENSE NO.34/2021-2022/K2/1728/21 DATED 01.04.2021 ISSUED BY 6TH RESPONDENT. - Exhibit P15 TRUE COPY OF TAX INVOICE NO.VCE/193/2019-20 DATED 01.11.2019 ISSUED TO 10TH RESPONDENT. - Exhibit P16 TRUE COPY RELEVANT PAGES OF DEEPIKA DAILY DATED 22.03.2021. Exhibit P16(a) TRUE COPY RELEVANT PAGES OF MATHRUBHOOMI DAILY DATED 22.03.2021. - Exhibit P17 TRUE COPY OF GENERAL INFORMATION PROVIDED BY 10TH RESPONDENT TO 8TH RESPONDENT ON 23.1.2020 - Exhibit P18 TRUE COPY OF LETTER NO. G-3977/20 DATED W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **15** ## 3.3.2021 ISSUED BY 9TH RESPONDENT ## RESPONDENTS' EXHIBITS EXHIBIT R10(A) A TRUE COPY OF THE REPORT OF ENVIRONMENTAL ENGINEERING, KERALA STATE POLLUTION CONTROL BOARD DATED 06.01.2021 EXHIBIT R10(B) A TRUE COPY OF THE REPORT DATED 03.03.2021 ISSUED BY THE FIRE DEPARTMENT EXHIBIT R10(C) A TRUE COPY OF THE AFFIDAVIT DATED 25.01.2021 ALONG WITH SAFETY IN INSTALLATION AND MAINTENANCE OF LPG STANDARDS MANIFOLD EXHIBIT R10(D) A TRUE COPY OF THE PLAIN IN OS NO.35/2021 FILED BEFORE THE MUNIFF COURT, KOTHAMANGALAM EXHIBIT R10(E) A TRUE COPY OF THE COUNTER AFFIDAVIT TO I.A.NO.0-4/2021 IN O.S.NO.35/2021 FILED BEFORE THE MUNSIFF COURT, KOTHAMANGALAM EXHIBIT R10(F) A TRUE COPY OF THE OBJECTION FILED BY THIS RESPONDENT TO THE COMMISSION REPORT DATED 04.03.2021. EXHIBIT R10(G) A TRUE COPY OF THE CERTIFICATE DATED 01.03.2021 EXHIBIT R10(H) A TRUE COPY OF THE CIRCULAR DATED 01.10.2015 ISSUED BY THE POLLUTION CONTROL BOARD W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **16** ## **APPENDIX OF WP(C) 5881/2022** PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT DT. 04.02.2021 IN W.A. NO.124 OF 2021 AND CONNECTED CASES. Exhibit P2 TRUE COPY OF ORDER NO. K2-935/2021 DTD. 05.03.2021 ISSUED BY 5TH RESPONDENT. Exhibit P2(a) TRUE COPY OF LICENSE NO. 229/2020-2021/K2/1657/21 DTD. 09.03.2021 ISSUED BY 6TH RESPONDENT. Exhibit P3 TRUE COPY OF ORDER DTD. 30.03.2021 IN APPEAL NO. 161 OF 2021 PASSED BY LSGI TRIBUNAL. Exhibit P4 TRUE COPY OF RESOLUTION NO. 20(1) DTD. 24.09.2021 PASSED BY RESPONDENTS 3 TO 5. Exhibit P5 TRUE COPY OF STOP MEMO NO. K2-3843/2021 DT. 07.12.2021 ISSUED BY 5TH RESPONDENT. Exhibit P6 TRUE COPY OF ORDER DTD. 10.12.2021 IN I.A. NO. 1321 OF 2021 IN APPEAL NO. 641 OF 2021 OF THE LSGI TRIBUNAL. Exhibit P7 TRUE COPY OF JUDGMENT DTD. 21.12.2021 IN W.P.(C) NO. 28829 OF 2021. Exhibit P8 TRUE COPY OF ORDER DTD. 09.02.2022 IN APPEAL NO. 641 OF 2021 OF THE LSGI TRIBUNAL. W. P. (C). No. 13111 of 2021 & W. P. (C). Nos. 5881 & 6263 of 2022 **17** ## **APPENDIX OF WP(C) 6263/2022** ## PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT DTD 04-02-2021 IN W.A NO. 124 OF 2021 AND CONNECTED CASES Exhibit P2 TRUE COPY OF ORDER NO. K2-935/2021 DTD 05-032021 ISSUED BY 6TH RESPONDENT Exhibit P2A TRUE COPY OF LICENSE NO. 229/2020/K-2/1657/21 DT 09-03-2021 ISSUED BY 6TH RESPONDENT Exhibit P3 TRUE COPY OF ORDER DTD 30-03-2021 IN APPEAL NO. 161 OF 2021 PASSED BY LSGI TRIBUNAL Exhibit P4 TRUE COPY OF RESOLUTION NO. 20(1) DTD 24-092021 PASSED BY RESPONDENTS 3 TO 5 Exhibit P5 TRUE COPY OF ORDER DTD 09-02-2022 IN REVISION PETITION NO. 40 OF 2021 OF THE LSGI TRIBUNAL Exhibit P6 TRUE COPY OF CONSENT NO. 020ERNA-CTO-R-893574 DTD 31-08-2021 ISSUED BY 7TH RESPONDENT Exhibit P7 TRUE COPY OF AFFIDAVIT DTD 22-02-2021 SUBMITTED BY 8TH RESPONDENT TO RESPONDENTS 3 TO 5 Exhibit P8 TRUE COPY OF LETTER NO. K2-3421/2020 DTD 17-092020 OF 5TH RESPONDENT TO 8TH RESPONDENT