IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. VINOD CHANDRAN, C. JAYACHANDRAN, JJ.
Stephan Mathew, S/o. M.M. Mathew – Petitioner
Versus
The Secretary, Pothanicad Gramapanchayath, Pothanicad and Ors. – Respondents
WA No. 1628 Of 2022, WA No. 75 Of 2023, WA No. 251 Of 2023
Decided On : 20-03-2023
Kerala Micro, Small and Medium Enterprises Facilitation Act, 2019 - Police Protection - To shut down the proposed plywood units - Seeking police protection to the respective petitioners and their workers and also for developing the property and construction of building -Whether Acknowledgment Certificates issued in terms of M.S.M.E. Act is liable to be revoked - Held Act intends to facilitate establishment and operation of a micro, small or medium enterprise, as that of the entrepreneur in this case; and the moment he satisfies the basic requirement to establish/operate such an enterprise, namely a valid Acknowledgment Certificate, we cannot refuse the relief of police protection, especially when obstructions are caused against the entrepreneur by ways and means, otherwise than in accordance with law.
- Appeal Dismissed.
JUDGMENT :
(C. Jayachandran, J.)
1. Three writ petitions were disposed of by a learned Single Judge as per common judgment dated 07.04.2022 and we have three appeals before us, numbered as above. One Stephan Mathew is the appellant in all the three appeals. The writ petition first in point of time is W.P(C).no.13342/2021 preferred by the said Stephan Mathew and three others, challenging Ext.P5 'Acknowledgment Certificates' issued to two entities by name 'TVM Boards' and 'PB Boards' (represented by respondents 9 to 13) under the Kerala Micro, Small and Medium Enterprises Facilitation Act, 2019 ['the M.S.M.E. Act', for short]. The writ petitioners sought for a mandamus revoking Ext.P5 Acknowledgment Certificates, simultaneous with issuance of a similar writ directing respondents 1 to authorities to shut down the proposed plywood units of the said two entities. Writ petitions 1975/2022 and 2039/2022 were preferred by M/s. P B Boards and M/s. TVM Boards respectively, seeking police protection to the respective petitioners and their workers and also for developing the property and construction of building therein. In both the writ petitions, the appellant herein was the third respondent. By the impugned common judgment, the first writ petition was dismissed and the two writ petitions seeking police protection were allowed.
2. We may now briefly refer to the contentions in the writ petitions. In the first writ petition preferred by the appellant herein, the contention raised was that preliminary works to set up plywood manufacturing units in the name and style M/s. TVM Boards and M/s. P B Boards are done in violation of all laws and the respondent authorities are not taking any action to prevent the same. The specific contention raised was the possibility of pollution, as is created by other plywood units run by respondents 9 to 13 in the writ petition. It was alleged that land development permit from the Grama Panchayath concerned was not obtained. Violation of the Kerala Panchayath Building Rules and Kerala Land Utilization Order 1967 was alleged. It was contended that the disputed land is not situated in an industrial area. A mass representation was preferred vide Ext.P2, but of no avail. After considerable delay, Ext.P3 resolution was taken by the Grama Panchayath against the alleged illegal activities of the respondents 9 to 13 and directing first respondent/Secretary to initiate urgent steps to stop the illegal works in the disputed land. On a mass representation preferred, the 8th respondent District Collector issued a direction to the first respondent/Secretary to initiate necessary action. But no action ensued. Respondents 9 to 13 managed to obtain Ext.P5 Acknowledgment Certificates from the 6th respondent (G.M, District Industries Centre) for M/s. P B Boards and M/s. TVM Boards, so as to legitimize their illegal activities. Consequently, the 4th respondent officer of the Pollution Control Board issued Ext.P6 'consent to establish'. The area is a farmers' village and not an industrial one and Ext.P6 consent was issued unmindful of the said fact. On such premise, the reliefs afore-referred were sought for.
3. The 9th respondent filed counter affidavit on behalf of respondents 9 to 13, contending that the writ petition is not maintainable in view of the alternate remedy contemplated under S.12 of the M.S.M.E. Act. The Certificates of Acknowledgment received under the M.S.M.E. Act for the two entities were produced vide Exts.R9(c) and R9(f) respectively. Similarly, the 'consent to establish' issued by the Pollution Control Board were produced at Exts.R9(b) and R9(e) respectively. On the basis of the acknowledgment, it was contended that there exists a deemed sanction to set and run the enterprise for three years, apart from a further period of six months, within which, the necessary licenses need to be procured. S.10(2) of the M.S.M.E. Act was pressed into service to point out the overriding effect of the said Act over the Keral
SupremeToday
The acknowledgment certificate under the MSME Facilitation Act does not exempt existing units from obtaining necessary local permits.
The main legal point established in the judgment is that an Acknowledgement Certificate obtained under the Kerala MSME Act has the effect of an approval and exempts the holder from the requirement of....
The court upheld the Secretary's authority to grant building permits under the Kerala Panchayat Raj Act, emphasizing that government intervention and expert assessments are crucial for ensuring compl....
Section 191(4) of Kerala Panchayat Raj Act, 1994 is valid as Tribunal hearing under Section 191(2) ensures natural justice before Government suspension. Section 233(3) limits Panchayat to imposing co....
A license application is deemed granted if not decided within the statutory period, ensuring compliance with the Kerala Panchayat Raj Act, 1994.
Regulatory bodies must reconsider applications in light of applicable statutes ensuring compliance with statutory requirements.
The main legal point established in the judgment is the interpretation of the term 'portable' in relation to hot mix plants and the requirement for obtaining permission under Rule 68 of the Kerala Pa....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.