High Court Kerala High Court

K.M.Aisha vs The Kandannissery Grama … on 15 February, 2010

Kerala High Court
K.M.Aisha vs The Kandannissery Grama … on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8103 of 2007(M)


1. K.M.AISHA, W/O.LATE ALI,KARAPPAM VEETTIL
                      ...  Petitioner

                        Vs



1. THE KANDANNISSERY GRAMA PANCHAYAT ,
                       ...       Respondent

                For Petitioner  :SRI.M.P.ASHOK KUMAR

                For Respondent  :SRI.P.RAMACHANDRAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/02/2010

 O R D E R
                      ANTONY DOMINIC, J.
                  -------------------------
                  W.P.(C.) No.8103 of 2007 (M)
            ---------------------------------
           Dated, this the 15th day of February, 2010

                         J U D G M E N T

Challenge in the writ petition is against Ext.P7.

2. Ext.P7 is an order passed by the respondent Panchayat

on an appeal filed by the petitioner, requiring the petitioner to

produce consent issued by the Pollution Control Board for issuing

licence pursuant to Ext.P4 application made by the petitioner.

3. The petitioner is running a SSI unit. The Unit did not

have licence issued by the Panchayat. She made Ext.P4 application.

During the pendency of the application, the Panchayat issued Ext.P5

stop memo requiring the petitioner to stop further work in the

industrial unit for want of licence issued by it. That order was

challenged before this Court and by Ext.P6 judgment, the petitioner

was relegated to pursue appellate remedy before the Panchayat.

Accordingly the petitioner filed an appeal and Ext.P7 order was

passed on the appeal.

4. A reading of Ext.P7 shows that the Panchayat has

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expressed its willingness to issue licence, on the production of

consent order issued by the Pollution Control Board.

5. In my view, no fault can be found on the part of the

Panchayat in having asked the petitioner to produce consent order

from the Pollution Control Board, which is a statutory requirement,

and since a complaint was also made by a neighbour that the

industry is causing pollution to the area. That apart, from Ext.P7

itself, it is evident that proceedings were initiated on the complaint

made by the neighbour mentioned therein, who is not made a party

to this writ petition.

6. Another contention raised by the petitioner is that

licence is not required to be obtained, as according to the

petitioner, this was not an area which was notified by the Panchayat

as per Section 232 of the Kerala Panchayat Raj Act. In my view, it is

not open to the petitioner to raise this plea primarily for the reason

that it was on the application made by the petitioner for licence that

Ext.P7 order has been issued.

Having regard to all the above, I see no merit in the

contentions raised. However, having regard to the fact that the

WP(C) No.8103/2007
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petitioner is running the industrial unit on the basis of the interim

orders passed by this Court, it is directed that if the petitioner

obtains and produces consent order as required in Ext.P7 within one

months from today, orders will be passed on her application for

licence, and that in the meanwhile, interim order passed by this

Court will remain in force.

This writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg