In the High Court of Kerala at Ernakulam, W.P.(C) Nos. 14322, 14354, 16174 & 19350 of 2021

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE T.R.RAVI** **WEDNESDAY, THE 5[TH] DAY OF JANUARY 2022 / 15TH POUSHA, 1943** ## **WP(C) NO. 14322 OF 2021** ## **PETITIONER:** SHRI.VIJUMON V.B AGED 47 YEARS S/O. BHASKARAN, VALIYAVEETTIL PEEDIKAYIL KENICHIRA P.O. WAYANAD 673 596. BY ADVS. SRI JIKKU SEBAN GEORGE SMT.DEEPTI SUSAN GEORGE ## **RESPONDENTS:** |1<br>2<br>ADDL.R3.<br>ADDL R4|POOTHADI GRAMA PANCHAYATH,<br>KENICHIRA P.O. WAYANAD 673 596,<br>REPRESENTED BY ITS SECRETARY.<br>THE SECRETARY,<br>POOTHADI GRAMA PANCHAYATH,<br>KENICHIRA P.O.<br>WAYANAD 673 596.<br>**ADDL.R3 IMPLEADED**<br>ELDHO.A.V.,<br>AGED 38 YEARS<br>S/O.VARGHESE, AGED 38 YEARS,<br>ADUKALIL, A.K.G.KENCHIRA P.O.,<br>POOTHANDI,<br>KENCHIRA, WAYANAD,<br>PIN- 673596.<br>ADDITIONAL R3 IMPLEADED AS PER ORDER DATED<br>13.09.2021 IN I.A.2/2021 IN WPC 14322/2021.<br>**ADDL.R4 & R5 IMPLEADED**<br>SABU GEORGE,<br>S/O.K.K.GEORGE, KUNNATH HOUSE,<br>KARIYAMBADI (P.O.),<br>MEENANGADI,<br>WAYANAD- 673 591.| |---|---| W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 2 ADDL R5 SMITHA M.VARGHESE W/O.SABU GEORGE, KUNNATH HOUSE, KARIYAMBADI (P.O.), MEENANGADI, WAYANAD- 673 591. ADDITIONAL R4 AND R5 IMPLEADED AS PER ORDER DATED 13.09.2021 IN I.A.3/2021 IN WPC 14322/2021. BY ADVS. R1 & R2 BY SRI S.SREEKUMAR (SR.) SRI P.MARTIN JOSE SRI THOMAS P.KURUVILLA R3 BY SRI U.JAYAKRISHNAN SMT.MANASI MURALIDHARAN R4 & R5 BY SRI C.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2021, ALONG WITH WP(C).14354/2021, 16174/2021 AND 19350/2021, THE COURT ON 5.1.2022 DELIVERED THE FOLLOWING: W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **WEDNESDAY, THE 5[TH] DAY OF JANUARY 2022 / 15TH POUSHA, 1943** ## **WP(C) NO. 14354 OF 2021** ## **PETITIONER:** SRI A.D.RADHAKRISHANAN, AGED 41 YEARS S/O.DIVAKARAN, AMBATTU HOUSE, KENICHIRA P.O., WAYANAD - 673596. BY ADVS. SRI JIKKU SEBAN GEORGE SMT.DEEPTI SUSAN GEORGE ## **RESPONDENTS:** 1 POOTHADI GRAMA PANCHAYATH KENICHIRA P.O., WAYANAD - 673596, REPRESENTED BY ITS SECRETARY 2 THE SECRETARY POOTHADI GRAMA PANCHAYATH, KENICHIRA P.O., WAYANAD - 673 596. **ADDL.R3, R4 & R5 IMPLEADED** ADDL.R3. GIREESH.K.P., AGED 44 YEARS S/O.PEETHAMBARAN, KELAKERIYIL, IRULAM, CHEEYAMBARAM, WAYANAD, PIN-673 579. ADDL.R4. SABU GEORGE, S/O.K.K.GEORGE, KUNNATH HOUSE, KARIYAMBADI (PO), MEENANGADI, WAYANAD-673 591. W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 4 ADDL.R5. SMITHA M.VARGHESE, W/O.SABU GEORGE, KUNNATH HOUSE, KARIYAMBADI (PO), MEENANGADI, WAYANAD-673 591. ADDL.R3 IS IMPLEADED AS PER ORDER DATED 13.09.2021 IN IA NO.1/2021 AND ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 13.09.2021 IN IA NO.2/2021 IN WP(C) NO.14354/2021. BY ADVS. R1 & R2 BY SRI S.SREEKUMAR (SR.) SRI P.MARTIN JOSE SRI THOMAS P.KURUVILLA R3 BY SRI U.JAYAKRISHNAN SMT.MANASI MURALIDHARAN R4 & R5 BY SRI C.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2021, ALONG WITH WP(C).14322/2021, 16174/2021 AND 19350/2021, THE COURT ON 5.1.2022 DELIVERED THE FOLLOWING: W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **WEDNESDAY, THE 5[TH] DAY OF JANUARY 2022 / 15TH POUSHA, 1943 WP(C) NO. 16174 OF 2021** ## **PETITIONER:** ABDUL GAFOOR, AGED 35 YEARS S/O MOIDU, KAMBAR HOUSE, KARAKKAMALA.P.O, ANCHAM MILE, MANANTHAVADI CIRCLE, WAYANAD-670645. BY ADVS. SRI JIKKU SEBAN GEORGE SMT.DEEPTI SUSAN GEORGE ## **RESPONDENTS:** 1 POOTHADI GRAMA PANCHAYATH KENICHIRA.P.O, WAYANAD-673596, REPRESENTED BY ITS SECRETARY. 2 THE SECRETARY POOTHADI GRAMA PANCHAYATH, KENICHIRA.P.O, WAYANAD -673596. ## **ADDL.R3 & R4 IMPLEADED** ADDL.R3 SABU GEORGE S/O K.K.GEORGE, KUNNATH HOUSE, KARIYAMBADI( P.O.), MEENANGADI, WAYANAD-673591. W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 6 ADDL.R4 SMITHA M. VARGHESE W/O SABU GEORGE, KUNNATH HOUSE, KARIYAMBADI( P.O.), MEENANGADI, WAYANAD-673591. ADDL. R3 AND R4 IMPLEADED AS PER ORDER DATED 13/09/2021 IN I.A. NO. 1/2021 IN WP(C)16174/2021. BY ADVS. R1 & R2 BY S.SREEKUMAR (SR.) SRI P.MARTIN JOSE SRI P.PRIJITH SRI THOMAS P.KURUVILLA SRI AJAY BEN JOSE SRI MANJUNATH MENON SRI R.GITHESH SRI HARIKRISHNAN S. R3 & R4 BY C.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2021, ALONG WITH WP(C).14322/2021, 14354/2021, AND 19350/2021, THE COURT ON 5.1.2022 DELIVERED THE FOLLOWING: W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 7 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **WEDNESDAY, THE 5[TH] DAY OF JANUARY 2022 / 15TH POUSHA, 1943 WP(C) NO. 19350 OF 2021** ## **PETITIONER:** SHRI SHABBER ALI AGED 41 YEARS S/O. ABU, THAYYIL THODIYIL HOUSE, KOLAGAPPARA, KRISHNAGIRI, WAYANAD - 673591. BY ADV N.ANAND ## **RESPONDENTS:** 1 POOTHADI GRAMA PANCHAYATH KENICHIRA P.O, WAYANAD - 673596, REPRESENTED BY ITS SECRETARY. 2 THE SECRETARY POOTHADI GRAMA PANCHAYATH, KENICHIRA P.O, WAYANAD - 673596. BY ADV P.MARTIN JOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2021, ALONG WITH WP(C).14322/2021, 14354/2021 AND 16174/2021, THE COURT ON 5.1.2022 DELIVERED THE FOLLOWING: W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 8 ## **T.R. RAVI, J.** **--------------------------------------------** W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 -------------------------------------------Dated this the 5[th] day of January,2022 ## **JUDGMENT** The common issue that arises in all these writ petitions is the refusal by the Poothadi Grama Panchayat to renew the D&O licence issued to the petitioners for conducting chicken and fish stalls. 2. The petitioner in W.P.(C)No.14322/2021 claims to be the owner of a commercial building and states that he intends to conduct a chicken stall in a shop room in his own building. The licence had been issued to him which was valid till 31.3.2021. He had submitted application to renew the licence and he was issued with Ext.P7 communication rejecting the request for the reason that (a) the Panchayat has granted licence for starting a private fish and meat market in Kenichira town and (b) as a step towards development, cleanliness and beautification of the town, it had been decided by the Panchayat on 29.5.2021 not to renew the licenses for vending fish and meat in Kenichira town during the financial year 2021-22. 3. The petitioners in W.P.(C)Nos.14354/2021 and W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 9 16174/2021 are persons who had applied for a D&O licence for conducting fish and chicken stalls and the petitioner in W.P. (C)No.19350/2021 had applied for D&O licence for conducting a fish stall. Orders similar to Ext.P7 produced in W.P. (C)No.14322/2021 have been issued in their cases also and the reasons are also similar. 4. Heard the learned counsel for the petitioners and the respondents. 5. The contention put forward by the counsel for the petitioners is that the reasons stated for refusing the licence are not sustainable in law. Reliance is placed on the decisions of this Court in **Beeran Kutty V. Sulthan Bathery Grama Panchayat [2003 (3) KLT 256], Azeez v. Pulpally Grama Panchayat [2002 (1) KLT 529]** and **Kadaplamattom Grama Panchayat v. Johny Roy [2013 (3) KHC 857]** . In **Beeran Kutty (supra)** , this Court held that the mere fact that the Panchayat has a shopping complex cannot be a reason to insist that the applicant for licence is not entitled to carry on the business in his own premises. It was held that the applicant had a fundamental right to carry on a business of his choice and he cannot be compelled to keep the premises in his possession idle and unproductive. Such W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 10 a restriction was found to be illegal. In **Azeez (supra)** , this Court held that the provisions in the Panchayat Raj Act and Rules which enable persons to start private markets by obtaining licence from the Panchayat cannot be a reason to refuse licence to a person who satisfies the conditions stipulated in the Rules for grant of a licence for vending fish and meat. In **Kadaplamattom Grama Panchayat (supra)** , this Court considered a case where a blanket policy decision was taken by the Panchayat not to permit certain kind of establishments in the Panchayat area. This Court held that the Panchayat is not vested with any authority to take such policy decisions under the provisions of Sections 166(1), 232, 233 or the D & O Rules. 6. The respondents have filed counter affidavits reiterating the reasons stated in the order of rejection and drawing support from the decision taken by the Panchayat Committee. 7. In the counter affidavit filed by the Panchayat, it is stated that the existing fish and meat stalls are causing serious pollution and as a part of the initiative to make the town clean and to retain ISO certification, the shops have to be shifted to a convenient private market. It is further stated that the Panchayat had negotiated with the owner of the private market to regulate W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 11 the rent to be charged from the traders and to avoid any arbitrariness. Several other reasons have also been stated and it is stated that the decision was taken in public interest. 8. Having heard the counsel on either side, I am of the opinion that the reasons stated in the orders rejecting the applications for renewal cannot be sustained. Where persons are already conducting business on the basis of the licenses issued to them, they cannot be asked to move their business premises to a private market which again is owned by another private individual on the basis of the licence issued by the Panchayat. As long as the applications for licence satisfy all the conditions that are required under the Rules, licence cannot be denied to them. The judgments referred to by the petitioners squarely apply in the facts situation and orders of rejection are liable to be set aside. However, the contentions on the part of the Panchayat regarding pollution caused by the fish and meat stalls also has to be considered. In the above circumstances, these writ petitions are allowed. Ext.P7 orders in W.P.(C)Nos.14322/2021 and 16174/2021 and Ext.P6 orders in W.P.(C)Nos.14354/2021 and 19350/2021 are set aside. The Panchayat is directed to reconsider the applications submitted by the petitioners in the light of the dictum laid down by W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 12 this Court in the decisions aforesaid. If the petitioners are found to be eligible for grant of licence/renewal of licence as per the Rules in force, the same shall not be denied to them solely for the reason that a private market has already been licenced by the Panchayat. Necessary orders shall be issued within six weeks from the date of receipt of a certified copy of this judgment. Sd/- **T.R. RAVI JUDGE** dsn W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 13 ## **APPENDIX OF WP(C) 14322/2021** PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 19.02.2021 AND 07.07.2021. Exhibit P2 TRUE COPY OF THE TRADE LICENSE BEARING NUMBER C2-6328/20-377 DATED 30.10.2020. Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.02.2021. Exhibit P4 TRUE COPY OF THE CASH RECEIPT DATED 20.02.2021. Exhibit P5 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 05.02.2020 HAVING A VALIDITY TILL 31.12.2024. Exhibit P6 TRUE COPY OF THE SANITARY CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, POOTHADI DATED 08.03.2021. Exhibit P7 TRUE COPY OF THE COMMUNICATION BEARING NO. C2/1682/21 DATED 01.06.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE COMPLAINT PREFERRED BY THE GRAMASREE IRUTHILOTUKUNNU SUDHAJELLA VITHARNA SUJITHRA SOCIETY RESPONDENTS' EXTS: ANNEXURE-A: TRUE COPY OF GO (ORD.) NO: 2511/2017/LSGD DATED 22-7-2017 ANNEXURE-B: TRUE COPY OF APPLICATION DATED 8-3-2019 SUBMITTED BY MR.SABU GEORGE ANNEXURE-C: TRUE COPY OF DECISION NO: 35/19 OF THE PANCHAYAT COMMITTEE TAKEN DURING THE MEETING HELD ON 20-6-2019 ANNEXURE-D: TRUE COPY OF DECISION NO: 10/2 OF THE PANCHAYAT COMMITTEE TAKEN DURING THE MEETING HELD ON 7-9-2020 ANNEXURE-E: TRUE COPY OF NOTICE DATED 12-10-2020 W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 14 ANNEXURE-F: TRUE COPY OF MINUTES OF THE MEETING HELD ON 7-1-2021 - ANNEXURE-G: TRUE COPY OF RELEVANT PORTIONS OF MINUTES OF THE MEETING HELD ON 12-1-2021 AND DECISION NO: 7/1 - ANNEXURE-H: TRUE COPY OF MINUTES OF THE MEETING HELD ON 13-1-2021 DECIDING TO RECOMMEND THE LICENSE FEES AS RS. 12,000/- ANNEXURE-I: - TRUE COPY OF DECISION 5/1 TAKEN IN THE MEETING OF THE PANCHAYAT COMMITTEE HELD ON 25-1-2021 ANNEXURE-J: TRUE COPY OF MINUTES OF THE STEERING COMMITTEE OF THE PANCHAYAT HELD ON 24-22021 ANNEXURE-K: TRUE COPY OF MINUTES OF THE URGENT MEETING OF THE PANCHAYAT COMMITTEE HELD ON 26-2-2021 AND DECISION NO: 1 ANNEXURE-L: TRUE COPY OF MINUTES OF THE MEETING HELD ON 26-2-2021 AT 4 P.M. ANNEXURE-M: TRUE COPY OF MINUTES OF THE MEETING OF THE STEERING COMMITTEE - ANNEXURE-N: TRUE COPY OF MINUTES OF THE MEETING OF THE STEERING COMMITTEE OF THE PANCHAYAT HELD ON 31-3-2021 ANNEXURE-O: TRUE COPY OF DECISION NO:8/1 TAKEN DURING MEETING OF THE PANCHAYAT COMMITTEE HELD ON 29-5-2021. EXT.R4(A): TRUE COPY OF LICENCE DT.6.7.2021 ISSUED BY THE 2ND RESPONDENT. W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 15 ## **APPENDIX OF WP(C) 14354/2021** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE TRADE LICENCE DATED| |---|---| ||26/02/2021 BEARING LICENSE NUMBER| ||S.C.4/1657/21.487.| |Exhibit P2|TRUE COPY OF THE RENT AGREEMENT DATED| ||23/04/2021.| |Exhibit P3|TRUE COPY OF THE SANITARY CERTIFICATE| ||ISSUED BY THE HEALTH INSPECTOR DATED| ||28/06/2021.| |Exhibit P4|TRUE COPY OF THE CONSENT VARIATION ORDER| ||DATED 24/06/2021 FROM THE KERALA STATE| ||POLLUTION CONTROL BOARD.| |Exhibit P5|TRUE COPY OF THE RECEIPT ACKNOWLEDGING| ||THE RECEIPT OF APPLICATION FOR D & O| ||TRADE LICENSE DATED 29/06/2021.| |Exhibit P6|TRUE COPY OF THE COMMUNICATION BEARING| ||NO.C2/3982/21 DATED 06/07/2021 ISSUED BY| ||THE 2ND RESPONDENT.| |Exhibit P7|TRUE COPY OF THE SCREENSHOT OF GOOGLE MAP| ||EVIDENCING DISTANCE.| |Exhibit P7<br>(PRODUCED ALONG<br>WITH REPLY<br>AFFIDAVIT)|TRUE COPY OF COMPLAINT PREFERRED BY THE<br>GRAMASREE IRUTHILOTUKUNNU SUDHAJELLA<br>VITHARNA SUJITHRA SOCIETY| |RESPONDENTS' EXTS:|| |ANNEXURE-A:|TRUE COPY OF GO (ORD.) NO: 2511/2017/LSGD| ||DATED 22-7-2017| |ANNEXURE-B:|TRUE COPY OF APPLICATION DATED 8-3-2019| ||SUBMITTED BY MR.SABU GEORGE| |ANNEXURE-C:|TRUE COPY OF DECISION NO: 35/19 OF THE| ||PANCHAYAT COMMITTEE TAKEN DURING THE| ||MEETING HELD ON 20-6-2019| |ANNEXURE-D:|TRUE COPY OF DECISION NO: 10/2 OF THE| ||PANCHAYAT COMMITTEE TAKEN DURING THE| ||MEETING HELD ON 7-9-2020| |ANNEXURE-E:|TRUE COPY OF NOTICE DATED 12-10-2020| W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 16 |ANNEXURE-F:|TRUE COPY OF MINUTES OF THE MEETING HELD| |---|---| ||ON 7-1-2021| |ANNEXURE-G:|TRUE COPY OF RELEVANT PORTIONS OF MINUTES| ||OF THE MEETING HELD ON 12-1-2021 AND| ||DECISION NO: 7/1| |ANNEXURE-H:|TRUE COPY OF MINUTES OF THE MEETING HELD| ||ON 13-1-2021 DECIDING TO RECOMMEND THE| ||LICENSE FEES AS RS. 12,000/-| |ANNEXURE-I:|TRUE COPY OF DECISION 5/1 TAKEN IN THE| ||MEETING OF THE PANCHAYAT COMMITTEE HELD| ||ON 25-1-2021| |ANNEXURE-J:|TRUE COPY OF MINUTES OF THE STEERING| ||COMMITTEE OF THE PANCHAYAT HELD ON 24-2-| ||2021| |ANNEXURE-K:|TRUE COPY OF MINUTES OF THE URGENT| ||MEETING OF THE PANCHAYAT COMMITTEE HELD| ||ON 26-2-2021 AND DECISION NO: 1| |ANNEXURE-L:|TRUE COPY OF MINUTES OF THE MEETING HELD| ||ON 26-2-2021 AT 4 P.M.| |ANNEXURE-M:|TRUE COPY OF MINUTES OF THE MEETING OF| ||THE STEERING COMMITTEE| |ANNEXURE-N:|TRUE COPY OF MINUTES OF THE MEETING OF| ||THE STEERING COMMITTEE OF THE PANCHAYAT| ||HELD ON 31-3-2021| |ANNEXURE-O:|TRUE COPY OF DECISION NO:8/1 TAKEN DURING| ||MEETING OF THE PANCHAYAT COMMITTEE HELD| ||ON 29-5-2021.| |Exhibit R4(a)|TRUE COPY OF THE LICENCE DATED 06/07/2021| ||ISSUED BY 2ND RESPONDENT.| |ANNEXURE -P|TRUE COPY OF REPORT OF THE 2ND RESPONDENT| ||D.18.10.2021| EXT.R3(A): THE TRADE LICENCE ISSUED TO THE RESPONDENT SOUGHT TO BE IMPLEADED BY POOTHADI GRAMA PANCHAYAT VIDE LICENCE No.C2/2641/21/149 DT.3.4.2021. EXT.R3(B): TRUE COPY OF AADHAR CARD BEARING NUMBER 978069105994 OF THE RESPONDENT SOUGHT TO BE IMPLEADED W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 17 ## **APPENDIX OF WP(C) 16174/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE D&O TRADE LICENCE DATED 29.01.2021 BEARING LICENSE NUMBER C2/839/21-466. Exhibit P2 TRUE COPY OF THE SANITARY CERTIFICATE ISSUED BY THE HEALTH INSPECTOR,FAMILY HEALTH CENTRE, POOTHADI DATED 08.03.2021. Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING REGISTRATION NUMBER 213212480000384 DATED 24.03.2021 ISSUED BY THE COMMISSIONER OF FOOD SAFETY HAVING VALIDITY TILL 23.03.2026. Exhibit P4 TRUE COPY OF THE CONSENT TO OPERATE DATED 13.11.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD HAVING VALIDITY TILL 31.10.2024. Exhibit P5 TRUE COPY OF THE APPLICATION. Exhibit P6 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE RECEIPT OF APPLICATION DATED 15.03.2021. Exhibit P7 TRUE COPY OF THE COMMUNICATION BEARING NO.C2/2454/2021 DATED 01.06.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 19.07.2021 IN W.P(C) 14322/2021. Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 19.07.2021 IN W.P(C)NO.14354/2021. EXT.P8 (PRODUCED TRUE COPY OF COMPLAINT PREFERRED BY THE ALONG WITH REPLY GRAMASREE IRUTHILOTUKUNNU SUDHAJELLA AFFIDAVIT) VITHARNA SUJITHRA SOCIETY ## **RESPONDENT EXHIBITS** ANNEXURE R3(A): TRUE COPY OF LICENCE DT.6.7.2021 ISSUED BY THE 2ND RESPONDENT. ANNEXURE R3(B): TRUE COPY OF LETTER DT.3.9.2020 SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 18 |ANNEXURE R3(C):|TRUE COPY OF AGREEMENT DT.28.1.2021| |---|---| ||ENTERED INTO BETWEEN THE 3RD RESPONDENT| ||AND 1ST RESPONDENT.| |ANNEXURE R3(D):|TRUE COPY OF LETTER DT.24.7.2021 ISSUED| ||BY THE 3RD RESPONDENT<br>TO THE 1ST| ||RESPONDENT.| |ANNEXURE-A:<br>|TRUE COPY OF GO (ORD.) NO: 2511/2017/LSGD| ||DATED 22-7-2017| |ANNEXURE-B:|TRUE COPY OF APPLICATION DATED 8-3-2019| ||SUBMITTED BY MR.SABU GEORGE| |ANNEXURE-C:|TRUE COPY OF DECISION NO: 35/19 OF THE| ||PANCHAYAT COMMITTEE TAKEN DURING THE| ||MEETING HELD ON 20-6-2019| |ANNEXURE-D:|TRUE COPY OF DECISION NO: 10/2 OF THE| ||PANCHAYAT COMMITTEE TAKEN DURING THE| ||MEETING HELD ON 7-9-2020| |ANNEXURE-E:|TRUE COPY OF NOTICE DATED 12-10-2020| |ANNEXURE-F:|TRUE COPY OF MINUTES OF THE MEETING HELD| ||ON 7-1-2021| |ANNEXURE-G:|TRUE COPY OF RELEVANT PORTIONS OF MINUTES| ||OF THE MEETING HELD ON 12-1-2021 AND| ||DECISION NO: 7/1| |ANNEXURE-H:|TRUE COPY OF MINUTES OF THE MEETING HELD| ||ON 13-1-2021 DECIDING TO RECOMMEND THE| ||LICENSE FEES AS RS. 12,000/-| |ANNEXURE-I:|TRUE COPY OF DECISION 5/1 TAKEN IN THE| ||MEETING OF THE PANCHAYAT COMMITTEE HELD| ||ON 25-1-2021| |ANNEXURE-J:|TRUE COPY OF MINUTES OF THE STEERING| ||COMMITTEE OF THE PANCHAYAT HELD ON 24-2-| ||2021| |ANNEXURE-K:|TRUE COPY OF MINUTES OF THE URGENT| ||MEETING OF THE PANCHAYAT COMMITTEE HELD| ||ON 26-2-2021 AND DECISION NO: 1| |ANNEXURE-L:|TRUE COPY OF MINUTES OF THE MEETING HELD| ||ON 26-2-2021 AT 4 P.M.| |ANNEXURE-M:|TRUE COPY OF MINUTES OF THE MEETING OF| W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 19 ||THE STEERING COMMITTEE| |---|---| |ANNEXURE-N:|TRUE COPY OF MINUTES OF THE MEETING OF| ||THE STEERING COMMITTEE OF THE PANCHAYAT| ||HELD ON 31-3-2021| |ANNEXURE-O:|TRUE COPY OF DECISION NO:8/1 TAKEN DURING| ||MEETING OF THE PANCHAYAT COMMITTEE HELD| ||ON 29-5-2021.| |Exhibit R3(a)|TRUE COPY OF THE LICENCE DATED| ||06/07/2021 ISSUED BY 2ND RESPONDENT.| W.P.(C)Nos.14322, 14354, 16174 & 19350 of 2021 20 ## **APPENDIX OF WP(C) 19350/2021** PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE D & O TRADE LICENCE DATED 20.04.2020 BEARING LICENSE NUMBER C2/1797/21171. - Exhibit P2 TRUE COPY OF THE RENT AGREEMENT DATED 26.02.2021. - Exhibit P3 TRUE COPY OF THE SANITARY CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, FAMILY HEALTH CENTRE, POOTHADI DATED 08.03.2021. - Exhibit P4 TRUE COPY OF THE CONSENT TO OPERATE DATED 21.03.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD HAVING VALIDITY TILL 29.02.2024. - Exhibit P5 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE RECEIPT OF APPLICATION DATED 09.03.2021. - Exhibit P6 TRUE COPY OF THE COMMUNICATION BEARING NO. C2/2316/21 DATED 01.06.2021 ISSUED BY THE 2ND RESPONDENT. - Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 19.07.2021 IN WP(C) 14322/2021. - Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 19.07.2021 IN WP(C) 14354/2021. Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 10.08.2021 IN WP(C) 16174/2021.