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2021 Supreme(Ker) 120

S.MANIKUMAR, SHAJI P.CHALY
George Joseph, S/o. Joseph – Appellant
Versus
Bose Well John – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.S.Sreekumar (Sr.), Sri. P.Martin Jose, Sri.R.Githesh, Sri.P.Prijith, Sri. Thomas P. Kuruvilla, Sri. Manjunath Menon, Shri.Harikrishnan S., Advs.
For the Respondent: Sri. K.I. Mayankutty Mather, Adv., Sri. Surin George Ipe, Sr. Government Pleader B

JUDGMENT :

SHAJI P. CHALY, J.

The captioned writ appeals are materially connected in respect of the installation of a tar mixing plant by a Contracting company namely M/s. Cheeran Structurals, who is awarded with a contract by the Public Works Department of the State Government for improvement of a road in Idukki District as per the work order dated 06.06.2019 and a contract agreement dated 27.09.2019, evident from Ext.P1 and P1(a) in W.A. No. 170 of 2021. Therefore, we have heard them together and propose to pass this common judgment.

2. W.A. Nos. 124 and 160 of 2021 arises from W.P.(C) Nos. 774 and 22609 of 2020 filed by third persons against the installation of the tar mixing plant alleging that necessary permits/licences are not secured by the Contractor as per the provisions of the Kerala Panchayat Raj Act, 1994 ('Act, 1994' for short) and Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules and the Kerala Panchayat Building Rules, 2019 (‘Rules 2019’ for short). Whereas, W.A. No. 170 of 2021 arises from W.P.(C) No. 3846 of 2020 filed by the Contractor seeking a direction to quash a stop memo dated 03.01.2020 issued by the Kavalangad Grama

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