WP(C).774/2020 (V) along with WP(C).3846/2020(E) and WP(C).22609/2020(A) - George Joseph v. Bose Well John and others; Cheeran Structurals v. Kavulangad Grama Panchayath and others; Anas Muhammed v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942** ## **WP(C).No.774 OF 2020(V)** ## **PETITIONER/S:** - **1 GEORGE JOSEPH, AGED 58 YEARS, S/O. JOSEPH, PUTHENVEETTIL HOUSE, P.O. NELLIMATTOM, PULYANPARA, KAVALANGAD, ERNAKULAM DISTRICT-686 693.** - **2 UMMER. M.M., MANALUMPARA, NELLIMATTOM P.O.-686 693, KAVALANGAD, ERNAKULAM DISTRICT.** - **3 POLY XAVIER, THEGUMKUDIYIL HOUSE, KAVALANGAD P.O., NELLIMATTOM, ERNAKULAM DISTRICT-686 693.** **BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH** ## **RESPONDENT/S:** - **1 SRI.BOSE WELL JOHN, THAZHATHOOTTU HOUSE, KAVALANGAD, P.O. NELLIMATTOM, ERNAKULAM DISTRICT-686 693.** - **2 KAVALANGAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NELLIMATTOM P.O., ERNAKULAM DISTRICT-686 693.** - **3 DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682 030.** - **4 THE ENVIROMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542.** - **5 THE DISTRICT MEDICAL OFFICER, ERNAKULAM-682 011.** **WP(C).No.774/2020 and conn.cases 2** **ADDL.R6. CHEERAN STRUCTURALS, 11/124M, CHALISSERY.P.O, PALAKKAD-679536, REPRESENTED BY ITS MANAGING PARTNER SHIRILSON.C.MATHEWS.** **(IS IMPLEADED AS PER ORDER DATED 11.02.2020 IN IA 2/2020 IN W.P.(C) 774/2020.)** **ADDL.R7 DISTRICT TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, NEAR GCDA OFFICE, KADAVANTHRA, KOCHI-682020.** **(IS IMPLEADED SUO MOTU AS PER COMMON ORDER DATED 08/09/2020 IN WP(C)774/2020 AND 3846/2020.** **R1 BY ADV. SRI.SOJAN JAMES R2 BY ADV. SRI.PEEYUS A.KOTTAM R6 BY ADV. K.I.MAYANKUTTY MATHER BY SRI.T.NAVEEN, STANDING COUNSEL** ## **BY SENIOR GOVERNMENT PLEADER, SRI.S GOPINATHAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-122020, ALONG WITH WP(C).3846/2020(E), WP(C).22609/2020(A), THE COURT ON 17-12-2020 DELIVERED THE FOLLOWING:** **WP(C).No.774/2020 and conn.cases 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942** ## **WP(C).No.3846 OF 2020(E)** ## **PETITIONER/S:** **CHEERAN STRUCTURALS, 11/124M, CHALISSERY P. O., PALAKKAD - 679 536, REPRESENTED BY ITS MANAGING PARTNER - SHIRILSON C. MATHEW.** **BY ADVS. SRI.K.I.MAYANKUTTY MATHER KUM.NARAYANI HARIKRISHNAN SMT.SWATHI H.PRASAD SMT.T.K.SREEKALA SRI.V.V.ASOKAN (SR.)** ## **RESPONDENT/S:** |**1**|**KAVALANGAD GRAMA PANCHAYATH, NELLIMATTOM P. O.,**| |---|---| ||**ERNAKULAM - 686 693, REPRESENTED BY ITS SECRETARY.**| |**2**|**SECRETARY, KAVALANGAD GRAMA PANCHAYATH,**| ||**NELLIMATTOM P. O., ERNAKULAM - 686 693.**| |**3**|**ENVIRONMENATL ENGINEER, KERALA STATE POLLUTION**| ||**CONTROL BOARD, REGIONAL OFFICE, KADAVANTHRA P. O.,**| ||**ERNAKULAM - 682 020.**| |**4**|**SUPERINTENDING ENGINEER, NATIONAL HIGHWAY (CENTRAL)**| ||**CIRCLE, VYTILLA P. O., KOCHI - 682 019.**| |**5**|**GEORGE JOSEPH, S/O. JOSEPH, PUTHENVEETTIL HOUSE,**| ||**P. O. NELLIMATTOM, PULYANPARA, KAVALANGAD,**| ||**ERNAKULAM - 686 693.**| **WP(C).No.774/2020 and conn.cases 4** - **6 UMMER M. M., MANALUMPARA, P. O. NELLIMATTOM, PULYANPARA, KAVALANGAD, ERNAKULAM - 686 693.** **7 POLY XAVIER, THEGUMKUDIYIL HOUSE, P. O. NELLIMATTOM, PULYANPARA, KAVALANGAD, ERNAKULAM - 686 693.** - **ADDL.R8 FR.PAUL VILANGUPARA, AGED 69 YEARS, S/O. LATE PATHROSE, VICAR, SEBASTIAN'S CHURCH, PULIYANPARA, ERNAKULAM DISTRICT.** - **ADDL.R9 VARGHESE, AGED 58 YEARS, S/O.LATE JOSEPH, NELLIKKAL HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT-686693.** - **ADDL.R10 HORMESE THARAKAN, AGED 55 YEARS, S/O.LATE GEORGE THARAKAN, S/O. LATE GEORGE THARAKAN, AYYANATTUPARAYIL HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.** - **ADDL.R11 J.ISAAC, AGED 75 YEARS, S/O.LATE JACOB, THAZHATHOOTTU HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.** - **ADDL.R12 KURIAKOSE J PEECHATTU, AGED 64 YEARS, S/O. LATE JOSEPH PEECHATTU HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.** - **ADDL.R13 WILLS I.C., AGED 65 YEARS S/O. LATE KORA, ILLIPARAMBL HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT 686693.** - **ADDL.R14 ANS MUHAMMED, AGED 40 YEARS, S/O.MUHAMMED, MOLATHAN HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.** - **ADDL.R15 NAZAR M.K. AGED 57 YEARS, S/O. KHADER, MALEKUDIYIL HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.** **ADDL.R16 JOHN V.J., AGED 58 YEARS, S/O.LATE JOSEPH, VALIAMATTOM HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.** **WP(C).No.774/2020 and conn.cases 5** **ADDL.R17 IBRAHIM ALIYAR, AGED 47 YEARS, S/O.LATE ALIYAR, MAROTTICKAL, NELLIMATTOM P.O., ERNAKULAM DISTRICT - 686693.** **(ARE IMPLEADED AS ADDITIONAL RESPONDENTS 8 TO 17 AS PER ORDER DATED 28.07.2020 IN I.A.NO.3 OF 2020)** **ADDL.R18 THE DISTRICT TOWN PLANNER,** **REGIONAL TOWN PLANNING OFFICE, NEAR GCDA OFFICE, KADAVANTHRA, KOCHI - 682020.** **(IS SUO MOTU IMPLEADED AS PER ORDER DATED 08.09.2020 IN WP(C) NO. 3846/2020.)** **BY ADV. SRI.PEEYUS A.KOTTAM BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY ADV. SRI.P.V.BABY BY ADV. G.SREEKUMAR (CHELUR)** **BY SRI.T.NAVEEN, STANDING COUNSEL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-122020, ALONG WITH WP(C).774/2020(V), WP(C).22609/2020(A), THE COURT ON 17-12-2020 DELIVERED THE FOLLOWING:** **WP(C).No.774/2020 and conn.cases 6** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942** ## **WP(C).No.22609 OF 2020(A)** ## **PETITIONER/S:** ||**ANAS MUHAMMED, AGED 40 YEARS, S/O. MUHAMMED, MOLTHAL**| |---|---| ||**HOUSE, NELLIMATTOM P.O, ERNAKULAM DISTRICT-686 693.**| ||**BY ADV. SRI.G.SREEKUMAR (CHELUR)**| |**RESPONDENT/S**<br>**:**|| |**1**|**THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE**| ||**GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001.**| |**2**|**THE KAVALANGAD GRAMA PANCHAYATH,**| ||**REPRESENTED BY ITS SECRETARY, NELLIMATTOM P.O,**| ||**KOTHAMANGALAM, ERNAKULAM DISTRICT-686 693.**| |**3**|**THE KERALA STATE POLLUTION CONTROL BOARD,**| ||**REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,**| ||**OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD,**| ||**DISTRICT OFFICE-II, ERNAKULAM-682 020.**| |**4**|**THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER,**| ||**KUNNAPURAM, CIVIL STATION ROAD, KAKKANADU, ERNAKULAM,**| ||**KERALA-682 030.**| |**5**|**M/S.CHEERAN STRUCTURAL, REPRESENTED BY ITS MANAGING**| ||**PARTNER SHIRINSON C MATHEW, 11/124M, CHALISSERY P.O,**| ||**PALAKKAD DISTRICT-679 536.**| ||**R2 BY ADV. SRI.PEEYUS A.KOTTAM**| ||**R5 BY ADV. SRI.K.I.MAYANKUTTY MATHER**| ||**R5 BY ADV. SMT.UTHARA ASOKAN**| ||**R3 BY SRI.T.NAVEEN, STANDING COUNSEL**| ||**BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-12-2020, ALONG WITH WP(C).774/2020(V), WP(C).3846/2020(E), THE COURT ON 17-122020 DELIVERED THE FOLLOWING:** **WP(C).No.774/2020 and conn.cases 7** ## **JUDGMENT** **[ WP(C).774/2020, WP(C).3846/2020, WP(C).22609/2020 ] Dated this the 17th day of December, 2020** These writ petitions relate to the establishment of a hot mix plant by the writ petitioner in W.P. (C).No.3846/2020 in Kuttamangalam Village of Kothamangalam Taluk. The writ petitioner in W.P. (C).No.3846/2020 is hereinafter referred to as the 'entrepreneur'. The entrepreneur was awarded a contract work of improvement of the road, PanamkuttyNeriamangalam road in Idukki District. In connection with the road work, he proposed to establish a hot mix plant in re-survey Nos.112/1A-24F, 112/1A-25F1 of Kuttamangalam Village. 2. It appears that the entrepreneur has established the hot mix plant without obtaining permission from the local Panchayat. The Panchayat **WP(C).No.774/2020 and conn.cases 8** issued a stop memo on 3/1/2020, directing to stop the construction. Thereafter, the entrepreneur submitted an application for regularisation on 30/1/2020. This application was rejected by the Panchayat committee as per its decision dated 31/1/2020. The entrepreneur filed W.P.(C).No.3846/2020 on 19/2/2020 challenging the above order. In this matter, third parties, who were objecting the issuance of licence on various grounds, got impleaded. Pending the writ petition, the entrepreneur also filed an application for regularisation as required under law for approval of the layout of the building from the District Town Planner, by virtue of Rule 30 of the Kerala Panchayat Building Rules 2019. 3. George Joseph and others, claiming to be the local residents, filed W.P.(C).No.774/2020 seeking prayers directing the Panchayat not to issue any licence or permissions to install and function the hot mix plant in the aforenoted land. **WP(C).No.774/2020 and conn.cases 9** 4. Anas Muhammed, a person claimed to be another local resident, filed W.P.(C).No.22609/2020 challenging the consent issued by the Kerala State Pollution Control Board to the entrepreneur and also the acknowledgment certificate issued to the entrepreneur under the Kerala Micro Small Medium Enterprises Facilitation Rules, 2020. This challenge is mainly on the ground that land in question was an exempted land as a plantation and the land cannot be utilised for non exempted purposes. 5. This Court passed a common interim order in W.P.(C).Nos.3846/2020 and 774/2020 on 2/3/2020. By virtue of the said interim order, the entrepreneur installed the hot mix plant. This Court also directed the Environmental Engineer of the Kerala State Pollution Control Board to conduct a detailed inspection after the entrepreneur's unit is put into operation. On compliance of this, the entrepreneur **WP(C).No.774/2020 and conn.cases 10** erected the hot mix plant and obtained consent from the Pollution Control Board. 6. This Court has to now decide this matter with reference to Section 233 of the Kerala Panchayat Raj Act, 1994. The reasons stated by the Panchayat Committee to reject the application filed under Section 233 was that the unit will cause pollution and nuisance and also drying up source of water in the area. On the face of the decision itself it can be seen that the Committee has taken such a decision without conducting any scientific study or relying upon any data. Sub Section 4 of Section 233 provides the provision for granting permission. It is appropriate to refer Section 233(4) which reads as follows: - (4) Before granting permission under sub-section (3), the Secretary, shall obtain and consider, - (a). a report of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948) or of an officer of the Industries Department not below the rank of an Industries Extension ## **WP(C).No.774/2020 and conn.cases 11** Officer having jurisdiction over the area regarding the adequacy of ventilation, light etc. and sufficiency of the height and size of the rooms and doors and the suitability of exists to be used in case of fire in the plan of factories, workshop, workplace or premises if they came within the purview of the Factories Act, 1948 (Central Act 63 of 1948) and such other matters as may be prescribed ; - (b). a report of the District Medical Officer in case the applicant is a Hospital clinic, para medical institution, clinical laboratories or other health care institution. regarding the possibility of nuisance or pollution if the connected load of the machinery proposed to be installed exceeds 25 HP or if the nature of the machinery and installation are such that it may cause nuisance or pollution; and - (c). a report of the Divisional Fire Officer or any other officer authorised by him regarding the adequacy of fire prevention and fire fighting measures planned if the proposed industry involves the use of high tension power or inflammable or explosive materials; Provided that, no report under clause (b) shall be called for - in respect of any industry if the applicant produces a declaration recommended by an officer of the Industries Department authorised in this behalf or by the Kerala State Pollution Control Board to the effect that such industry would not cause pollution. ## 7. In this case, no such procedure was followed. ## In such circumstances, the order impugned in the writ **WP(C).No.774/2020 and conn.cases 12** petition filed by the entrepreneur has to be set aside. Accordingly, I do so. 8. It is to be noted that a Division Bench of this Court in **Kadaplamattom Grama Panchayat, Kottayam and Another v. Johny Roy [2013 (3) KHC 857]** held that the Panchayat cannot pass a resolution stating that it would not grant licence on account of objection by local people. 9. The writ petition filed by George Joseph and others, W.P.(C).No.774/2020, is legally unsustainable. They cannot seek any writ of mandamus as against public officials, not to discharge statutory functions under law. If they are finally aggrieved by any permission granted, they can challenge such permission in accordance with law. With liberty as above, their writ petition is only to be dismissed. 9. The writ petition filed by Anas Muhammed W.P. (C).No.22609/2020 challenging the consent issued by the Kerala State Pollution Control Board and **WP(C).No.774/2020 and conn.cases 13** acknowledgment certificate issued under the Kerala Micro Small Medium Enterprises Facilitation Rules, 2020, is only to be dismissed. If the land in question is a plantation, it is for the appropriate authority to account the land under the ceiling proceedings, if the same was used for non-exempted purposes. The remedy of the petitioner is to approach the revenue authority and the Taluk Land Board. So long as title and interest are not divested, the holder of the land can use the land in accordance with law. Further, no case is made out to challenge the consent issued as well as the acknowledgement certificate. 10. In the result, W.P.(C).No.3846/2020 is allowed. The Secretary of the Panchayat is directed to follow the procedure under Section 233(4). If the Secretary obtains necessary report, as referred to under sub section 4, the Village Panchayat is directed to grant permission as referred to under Section **WP(C).No.774/2020 and conn.cases 14** 233(3). The entrepreneur's application for regularisation and approval of layout shall also be taken up for necessary action without any delay. The entire proceedings for granting permission shall be concluded within 30 days. W.P.(C).Nos.774/2020 and 22609/2009 are accordingly dismissed. **Sd/-** **A.MUHAMED MUSTAQUE** **JUDGE** ms **WP(C).No.774/2020 and conn.cases 15** ## **APPENDIX OF WP(C) NO.774/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE PHOTO COPY OF THE STOP MEMO DATED 3/1/2020 ISSUED TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT LONG WITH ENGLISH TRANSLATION. EXHIBIT P2 TRUE COPY OF THE PETITION DATED 6/1/2020 SUBMITTED BY THE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 6/1/2020 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 9/1/2020 SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.** - **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 9/1/2020 SUBMITTED BY THE 2ND PETITIONER TO THE 5TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.** - **EXHIBIT P6 TRUE PHOTOGRAPHS OF THE PHOTOGRAPHS.** RESPONDENTS EXHIBITS: - **EXHIBIT R6(A) TRUE COPY OF THE BID SELECTION NOTICE ISSUED BY THE SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 06/06/2019.** **EXHIBIT R6(B) TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE 6TH RESPONDENT WITH SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 27/09/2019. EXHIBIT R6(C) TRUE COPY OF THE LEASE AGREEMENT ENTERED INTO BETWEEN THE 6TH RESPONDENT AND THE 1ST RESPONDENT DATED 24/12/2019. EXHIBIT R6(D) TRUE COPY OF THE CONSENT TO ESTABLISH OBTAINED BY THE 6TH RESPONDENT FROM THE POLLUTION CONTROL BOARD DATED 23/01/2020.** **WP(C).No.774/2020 and conn.cases 16** **EXHIBIT R6(E)** **TRUE COPY OF THEMANUFACTURER'S (VIBRANT CONSTRUCTION EQUIPMENTS PVT. LIMITED) BROCHURE DISCLOSING THE FEATURES OF THE HOT MIX PLANT.** **EXHIBIT R6(F)** **TRUE COPY OF THE WRITE UP GIVEN BY VIBRANT CONSTRUCTION EQUIPMENT PVT. LIMITED DATED 02/01/2020.** **EXHIBIT R6(G)** **TRUE COPY OF THE APPLICATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 27/01/2020.** **EXHIBIT R6(H) TRUE COPY OF THE INTIMATION GIVEN BY THE SUPERINTENDING ENGINEER, PW DEPARTMENT, NH (CENTRAL) CIRCLE, VYTTILA TO THE 6TH RESPONDENT.** //TRUE COPY// P.S.TO JUDGE **WP(C).No.774/2020 and conn.cases 17** ## **APPENDIX OF WP(C)NO.3846/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE BID SELECTION NOTICE ISSUED BY THE SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 06/06/2019.** - **EXHIBIT P1 (a) TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE 6TH RESPONDENT WITH SUPERINTENDING ENGINEER, NH (CENTRAL) 01401 CIRCLE, VYTTILA DATED 27/09/2019.** - **EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT ENTERED INTO BETWEEN THE 6TH RESPONDENT AND THE 1ST RESPONDENT DATED 24/12/2019.** - **EXHIBIT P3 TRUE COPY OF THE CONSENT TO ESTABLISH OBTAINED BY THE 6TH RESPONDENT FROM THE POLLUTION CONTROL BOARD DATED 23/01/2020.** - **EXHIBIT P4 TRUE COPY OF THE CIRCULAR ISSUED BY KERALA STATE POLLUTION CONTROL BOARD.** - **EXHIBIT P5 TRUE COPY OF THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.** - **EXHIBIT P6 TRUE COPY OF THE MANUFACTURER'S (VIBRANT CONSTRUCTION EQUIPMENTS PVT. LTD.) BROCHURE DISCLOSING THE FEATURES OF THE HOT MIX PLANT.** - **EXHIBIT P7 TRUE COPY OF THE WRITE UP GIVEN BY VIBRANT CONSTRUCTION EQUIPMENTS PVT. LTD. DATED 02/01/2020.** - **EXHIBIT P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 27/01/2020.** - **EXHIBIT P9 TRUE COPY OF THE STOP MEMO ISSUED BY 1ST RESPONDENT TO THE LANDOWNER SRI BOSE WELL JOHN DATED 03/01/2020.** - **EXHIBIT P10 TRUE COPY OF THE INTIMATION GIVEN BY THE SUPERINTENDING ENGINEER, PW DEPARTMENT, NH (CENTRAL) CIRCLE, VYTTILA DATED 28/01/2020.** **WP(C).No.774/2020 and conn.cases 18** - **EXHIBIT P11 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT PANCHAYATH DATED 31/01/2020.** - **EXHIBIT P11A TRUE COPY OF THE COVERING LETTER OF THE 2ND RESPONDENT DATED 06/02/2020.** - **EXHIBIT P12 TRUE COPY OF THE DOCUMENT NO.3248/2001, KOTHAMANGALAM DATED 04/07/2001.** - **EXHIBIT P12 (A) TRUE COPY OF THE DOCUMENT NO.3257/2001, KOTHAMANGALAM SRO DATED 06/07/2001.** - **EXHIBIT P12(B) TRUE COPY OF THE SETTLEMENT DEED NO.458/2017, KOTHAMANGALAM, SRO DATED 10/02/2017.** - **EXHIBIT P13 TRUE COPY OF THE SALE DEED NO. 4656/1994, KOTHAMANGALAM SRO DATED 08/08/1994.** - **EXHIBIT P14 TRUE EXTRACT OF THE SETTLEMENT REGISTER.** - **EXHIBIT P14(A) TRUE COPY OF THE RELEVANT EXTRACT OF THE THANDAPER ACCOUNT NO.8888.** - **EXHIBIT P15 TRUE COPY INVOICE ISSUED BY VIBRANT CONSTRUCTION EQUIPMENTS PVT. LIMITED DATED 01/11/2019.** - **EXHIBIT P16 THE TRUE COPY OF THE CONSENT TO OPERATE GIVEN BY THE 3RD RESPONDENT DATED 08/08/2020.** - **EXHIBIT P17 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH THE DRAWINGS DATED 19/08/2020.** - **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R5 A A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED FROM THE KUTTAMANGALAM VILLAGE OFFFICE ALONG WITH THANDAPER ACCOUNT NO.11 UNDER THE RTI ACT.** **EXHIBIT R5 B A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 25/2/2015 ISSUED BY THE SECRETARY LAND BOARD TO CHAIRMAN TALUK LAND BOARD, KOTHAMANGALAM AND REVENUE DIVISIONAL OFFICER, KOTHAMANGALAM.** **WP(C).No.774/2020 and conn.cases 19** - **EXHIBIT R5 C A TRUE PHOTOCOPY OF THE DECISION OF THE GRAMA SABHA WARD NO.16 OF KAVALANGAD GRAMA PANCHAYATH** - **EXHIBIT R5 D A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 7/2/2020 SEND UNDER REGISTERED POST BY THE 6TH RESPONDENT TO THE HON'BLE MINISTER FOR REVENUE** - **EXHIBIT R5 E A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 7/2/2020 SENT UNDER REGISTYERED POST BY THE 6TH RESPONDENT TO THE RDO, MOOVATTUPUZHA.** - **EXHIBIT R5 F A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 13/2/2020 SUBMITTED BY THE ACTION COUNCIL BEFORE THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM** - **EXHIBIT R5 G A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12/2/2020 SUBMITTED BY THE ACTION COUNCIL BEFORE THE GENERAL MANAGER, INUDSTRIES CENTRE, ERNAKULAM** - **EXHIBIT R5 H A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 13/2/2020 SUBMITTED BY THE ACTION COUNCIL BEFORE THE ENVIRONMENTAL ENGINEER, PERUMBAVOOR** - **EXHIBIT R5 I A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 5/2/2020 ISSUED BY VELLIYAMPALLIL HOMEOPATHIC MEDICAL CENTRE, KOTHAMANGALAM.** - **EXHIBIT R5 J A TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY ISSUED BY RIJAS NAZAR FROM ASTER MEDCITY, ERNAKULAM** - **EXHIBIT R5 K A TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 10/1/2020 FOR AVAILING ASSISTANCE FOR TREATMENT BY DR.C.S.MADHU, SENIOR CONSULTANT, CHERTHALA** - **EXHIBIT R5 L A PHOTOCOPY OF THE CERTIFICATE DATED 4/10/2016 ISSUED FROM THE RAJAGIRI HOSPITAL, TO MANJU ISSAC** - **EXHIBIT R5 M A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 5/2/2020 ISSUED FROM MAR BASELIOUS MEDICAL MISSION HOSPITAL, KOTHAMANGALAM TO T.J.PAULS.** **WP(C).No.774/2020 and conn.cases 20** **EXHIBIT R5 N A TRUE PHOTOCOPY OF THE CERTIFICATE DATED NIL ISSUED FROM ST.JOSEPH'S MISSION HOSPITAL, ANCHAL TO LILLY ABRAHAM EXHIBIT R15 TRUE COPY INVOICE ISSUED BY VIBRANT CONSTRUCTON EQUIPMENTS PVT.LTD.** //TRUE COPY// P.S.TO JUDGE **WP(C).No.774/2020 and conn.cases 21** ## **APPENDIX OF WP(C)NO.22609/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LEASE IN THE NAME OF THE 5TH RESPONDENT DATED 24-12-2019** **EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE THIRD RESPONDENT TO THE FIFTH RESPONDENT DATED 8-8-2020** **EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE 4THR ESPONDENT DATED 7-10-2020** RESPONDENTS EXHIBITS: **EXHIBIT R5(A) TRUE COPY OF THE BID SELECTION NOTICE ISSUED BY THE SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 06/06/2019. EXHIBIT R5(B) TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE 5TH RESPONDENT WITH SUPERINTENDING ENGINEER, NH (CENTRAL) CIRCLE, VYTTILA DATED 27/09/2019. EXHIBIT R5(C) TRUE COPY OF THE CONSENT TO ESTABLISH OBTAINED BY THE 5TH RESPONDENT FROM THE POLLUTION CONTROL BOARD DATED 23/01/2020. EXHIBIT R5(D) TRUE COPY OF THE CIRCULAR BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 01/10/2015. EXHIBIT R5(E) TRUE COPY OF THE MANUFACTURER'S (VIBRANT CONTRUCTION EQUIPMENTS PVT. LIMITED) BROCHURE DISCLOSING THE FEATURERS OF THE HOT MIX PLANT. EXHIBIT R5(F) TRUE COPY OF THE WRITE UP GIVEN BY VIBRANT CONSTRUCTION EQUIPMENTS PVT. LIMITED DATED 02/01/2020. EXHIBIT R5(G) TRUE COPY OF THE CONSENT TO OPERATE GIVEN BY THE 3RD RESPONDENT DATED 08/08/2020. EXHIBIT R5(H) TRUE COPY OF KERALA MICRO, SMALL AND MEDIUM ENTERPRISES FACILITATION ACT, 2019.** **WP(C).No.774/2020 and conn.cases 22** **EXHIBIT R5(I) TRUE COPY OF KERALA MICRO, SMALL AND MEDIUM ENTERPRISES FACILITATION RULES. EXHIBIT R5(J) TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE FROM THE 4TH RESPONDENT DATED 07/10/2020. EXHIBIT R5(K) TRUE COPY OF THE RTI INFORMATION GIVEN BY THE VILLAGE OFFICER, KUTTAMANGALAM, DATED 22/09/2020. EXHIBIT R5(L) TRUE COPY OF THE BASIC TAX REGISTER.** //TRUE COPY// P.S.TO JUDGE