2022/KER/2808 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 17^TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943 WP(C) NO.30177 OF 2021 PETITIONER :-

SELINA DAVIS, AGED 56 YEARS W/O.DAVIS, PROPRIETOR, ST.MARY'S CEMENT BRICKS, ANNANAD P.O., CHALAKKUDY, RESIDING AT THELEKKAT HOUSE KADUKUTTY P.O., 680 309.

BY ADVS.

TONY THOMAS (INCHIPARAMBIL)

P.THOMAS GEEVERGHESE E.S.FIROS AMRUTHA K.P.

RESPONDENTS :-

1 KADUKUTTY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYATH OFFICE, KADUKUTTY, THRISSUR - 680 309.

2 SECRETARY, KADUKUTTY GRAMA PANCHAYATH, PANCHAYATH OFFICE, KADUKUTTY, THRISSUR - 680 309.

BY SRI.V.PREMCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 17 ^th day of January, 2022 This writ petition is filed challenging Ext.P4 notice issued by the 2^nd respondent and Ext.P5 decision taken by the Panchayat Standing Committee for Finance dated 29.3.2021. The learned counsel for the petitioner submits that the petitioner had been required by Ext.P4 notice not to ply heavy vehicles with heavy loads on the road in question.

2. The learned Standing Counsel appearing for the respondents submits that it was at a time when the road was in a serious condition of disrepair that Exts.P4 and P5 had been issued. It is submitted that the road has been repaired now and that the petitioner is not being interdicted at present from using the road even with heavy vehicles. It is submitted that appropriate further directions are being issued permitting the plying of heavy vehicles on the road in question. The said submission is recorded. In the light of the submissions made by the learned Standing Counsel, no further orders are required in the matter.

The writ petition is, accordingly, closed recording the submission.

Sd/-

ANU SIVARAMAN JUDGE Jvt/1.2.2022 APPENDIX OF WP(C) 30177/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENCE NO. E-

4781/2021/2021-22.191. DATED 20.07.2021 ISSUED BY THE IST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE AS PER CONSENT PCB/DO/TSR/R2/ICO/3906/2201 DATED 27.04.2021 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

Exhibit P3 A TRUE COPY OF THE PLAN OF PETITIONERS BUILDING.

Exhibit P4 A TRUE COPY OF THE NOTICE NO. H-1229/21 DATED

09.04.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P5 A TRUE COPY OF THE DECISION NO. 4 OF THE PANCHAYATH STANDING COMMITTEE FOR FINANCE OF THE IST RESPONDENT DATED 29.03.2021.