IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 2533 of 2011(N) ------------------------- PETITIONER(S): --------------------- BINOJ K.BABY,S/O.K.K.CHERIAN, AGED 25 YEARS,RESIDING IN KUNNATH HOUSE,MULLANKOLLI P.O., PULPALLY,WAYANAD DIST BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF REVENUE,STATE SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001 2. THE MULLANKOLLI GRAMA PANCHAYATH REP.BY ITS SECRETARY,MULLANKOLLI.P.O., WAYANAD-PIN-673579 3. THE VILLAGE OFFICER, PADICHIRA,WAYANAD DISTRICT,PIN-673579 4. THE SUB COLLECTOR, MANANTHAVADY,WAYANAD DISTRICT, PIN-670645 GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 2533 OF 2011 ===================== Dated this the 7th day of February, 2011 J U D G M E N T Petitioner has approached this Court aggrieved by Ext.P11, a stop memo issued by the Village Officer. 2. According to the petitioner, on the basis of Ext.P2 building permit and Ext.P3 approved plan, after obtaining Exts.P4 to P8 no objection certificates, he is proceeding to set up a crusher unit in the property in Re.Sy.No.358/1A1A1 A Part. It is stated that, while so, the Village Officer has issued Ext.P11 stop memo preventing the petitioner from proceeding with the work of setting up of the said unit. A reading of Ext.P11 shows that petitioner has been directed that he shall not proceed with the work until he obtains and produces licence from the Panchayat and obtaining orders from the Sub Collector. 3. As rightly pointed out by the learned counsel for the petitioner, the question of obtaining licence from the Panchayat does not arise at the stage of setting up of the unit, and therefore, absence of licence cannot prevent him from establishing the crusher unit. WPC No. 2533/11 :2 : 4. Learned Government Pleader who has obtained instructions in the matter submits that, all that was intended by Ext.P11 was to prevent the petitioner from functioning the unit without obtaining licence. As already seen, petitioner is only setting up the unit, and therefore, at this stage, it is not necessary for the petitioner to obtain licence to set up the unit. 5. Therefore, I dispose of this writ petition directing that, it will be open to the petitioner to proceed with the setting up of the crusher unit. However, it is also directed that, on setting up the unit, he shall obtain necessary consent from the Pollution Control Board and licences from other authorities and produce those licences and clearance before the Sub Collector and only thereafter can the petitioner proceed with the functioning of the unit. 6. Petitioner shall produce a copy of this judgment before respondents 3 and 4 for compliance. With this clarification, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp