IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 4^TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943 WP(C) NO. 1625 OF 2018 PETITIONER/S:

1 SUSHIJA SUKUMARAN PUTHIYA PURAYIL, CHOMABALA P.O, VADAKARA, KOZHIKODE- 673

308,REPRESENTED BY POWER OF ATTORNEY HOLDER, PRADEEP KUMAR T.P

2 MUKKALI ICE PLANT COLD STORAGE CHOMABALA P.O, VADAKARA, KOZHIKODE- 673 308,REPRESENTED BY ITS MANAGING PARTNER, PRADEEP KUMAR T.P BY ADVS.

SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM -

695 001.

2 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION REPRESENTED BY ITS SECRETARY, SREEMOOLAM BUILDINGS,COURT COMPLEX, VANCHIYOOR, THIRUVANANTHAPURAM - 695 035.

3 AZHIYUR GRAMA PANCHAYAT P O AZHIYUR - 673 309, KOZHIKODE, KERALA, REPRESENTED BY ITS SECRETARY.

4 SECRETARY AZHIYUR GRAMA PANCHAYATP O AZHIYUR - 673 309, KOZHIKODE, KERALA.

5 DISTRICT OFFICER GROUND WATER DEPARTMENT, CIVIL STATION, KOZHIKODE - 673

001.

6 KUDIVELLA SAMRAKSHANA SAMITHI THONDIVAYAL, CHOMBALA, VATAKARA TALUK, REPRESENTED BY ITS ACTION COMMITTEE CONVENER ASOKAN P.T., AGED 57, S/O.KRISHNAN, RESIDING AT PALLIKUNITHAZHE, CHOMBAL AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT.

BY ADVS.

R6 BY SRI.KALEESWARAM RAJ A.ARUNA THULASI K. RAJ SRI.C.KHALID SRI.MOHANAN V.T.K. SMT.K.REEHA KHADER SRI.T.P.SAJID SMT.SOUMYA CHANDRAN R1 AND 5 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs:-

“i) Call for the records leading up to the issuance of the order datd 21.01.2017 passed by the 3^rd respondent panchayat and the order dated 20.12.2017 2^nd respondent Tribunal (collectively, ‘impugned orders’) and quash the same by issuance of a writ of certiorari or such other writ, order or direction;

ii) Declare that the impugned orders are illegal and unsustainable in law.

Iii) Declare that the petitioners are entitled to establish machinery as sought for in its application dated

28.07.2016 and 17.10.2017 respectively;

iv) Direct the 3^rd respondent panchayat to consider the petitioner’s applications dated 28.07.2016 and 17.10.2017 by the issuance of a writ of mandamus or such other writ, order or direction.

And v) To pass such other order as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. The basic challenge in the writ petition is Ext.P11 order passed by the Secretary of the Azhiyur Grama Panchayath - the 4^th respondent herein, whereby the council of the Panchayath has decided not to grant Motor Installation Permit to the petitioner for drawing ground water. The said order was challenged before the Tribunal for Local Self Government Institutions, and the Tribunal for Local Self Government Institutions, vide Ext.P13 order, has upheld the decision of the Panchayath as follows:-

“The present appeal is filed challenging the decision No.7/17 dated 17.1.2017 rejecting the application for permission and also claiming a deemed permission for installation of machinery. The impugned decision is not produced by the appellant. But the same is available in page 79 of Volume No.III file produced by the respondent. The impugned decision is to the effect that, considering the report of the Health Inspector and the notes of the Secretary since the Committee got satisfied that if more water is drawn for an industrial purpose there is every possibility of intrusion of saline water into that area and also on the reason that the Ground Water Department has intimated that wells for domestic purpose alone is feasible in that area and the ice plant would result in scarcity of water and for that reason the application for installation permit was refused. Learned counsel for the