IN THE nIGH COUnT Q KARNTK AT BnN,rLQR5 Dated tnis the 25th Day of May 1998 BFCRE THE tsLE 4n. JT1 {NDk kRlI P TIh 0961/l °7 ?e tween: l ori,V.R,Josh, S/o,Late Rawakrishna Joshi Rio, No.18 IA, Baggo villa Kumt Tq., U,i(,Dist, 2, ohri, 3 ovin , Hegde, s/o,Late Ananth Hede, R/o,Baggon, Kurfitat U ,K,Oist,, i, iCuppayya rcangs negoe, Maj • ggon Li Tq •K, ,t 4 • or • MCJ or, R/o,No, 188/2 Baggon, Karate, u • Sn Uoa V,3 j, .4 ,J R g U. i •, •. LB (By ari,Vishnu D,Bht, etdv.) nno: tate of Karrataica, by ecretar to -ov cn*, B’ ninen xolo r t a on -4 2 — / 2. The Karnataka State Pollution Control oard 0 Bangalore, by its Renter Secrctary. 3, The Deputy Commissioner, Uttara Ka • Karwar, 4. The Chief Offe, Town Wnic p lity Kumta, i,K,Dist,, 5. Smt.Tayahree Vir*ya Kodiakere, 4/o,Vinaiak K dlake e RI .Prabh build j Near Welcome loft , letavat , Kunta, j,K,Ditt, S., P NDEIvrS (By Sri, K,Nagaraja, G for R—l ori,S,G,Kilkarni, Ad, for R—2, r Rai ,oah it,ndv, for — 5) This it Pc r is filed under irtic 226 0± the Coniti ttion of India with a prayer to quash inn?x1 F Ht,18,5,96 h2 R— In favour of R5 granting penision to construct a cashew nut factory in Sy, No.188/3 of bggon, Kumta Ta, U,K,DIst, This rat Petition coming on for P:ei Hearing in roup this oay, the Court made the following: C i N a R The petitioners are the residents of Kunta Taluic, On the applicitton filod by respondent No.5 0 te Than ‘vniciality 0 K 0 rnta jrmted tho —3— licence pennitting him to establish cashew roasting unit, This licence is under challenge in this writ Petition, 2. The learned Counsel for the petitioners subnitted that they are ownirg and residihg in the house just by the side of the site where res— condent No.5 is permitted to establish the cashew roesting unit. According to the petitioner, if the respondent no.5 is allowed to establish an industry in a residential area, it would cause nuisance to the neightourers and resdts in I C. pollution of -en8, The Town Nunicipal Council has not considered this aspectj of the matter before granting the Ilcence, Therefore in my opinion, the matter requires re-consideration by the T own Municipal Council, if the petitioner has not filed any objections, objecting the grant of licence, it is open for the petitioner to file objection to the Municicality within one month from to—day. .4 —4— 3. If such objections are filed, the Municipal Council • all cot°ider tie sart after aue no ice to 11 he a e car d. tiere t,Ipass i° following order. The Writ Petition is allot ed. The licer e jr nted n fri r r ôç ndent No.5 a pe *nnex a ‘F’ is quashed. The matter is ranitted to the Town Municipal Council to disuose of the matter afresh in 1 1gb ftic. bbezv r can ft ue notice to ll the parties concerned. c,.’ a!— oC S