IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 5302 of 2008(F) ------------------------------------- PETITIONERS: --------------------- 1. T.T. VARGHESE, AGED 50 YEARS, S/O. THARIATH, THEYKKUNNATHU HOUSE, MEKKUDY, ANNAMANADA, THRISSUR DISTRICT. 2. K.B. CHANDRA BOSE, AGED 55 YEARS, S/O. BHASKARAN, KAIPPETTIPPOKKAM HOUSE, KARUMALOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN, SMT.PRIYA DEVI.P, SMT.LEKSHMI SWAMINATHAN, SMT.BEATRICE FERIA. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, THRISSUR. 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR DISTRICT. 3. GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT. 4. VILLAGE OFFICER, ANNAMANADA, THRISSUR. 5. THE SECRETARY, ANNAMANADA GRAMA PANCHAYAT, ANNAMANADA, THRISSUR DISTRICT. 6. SUB INSPECTOR OF POLICE, ANNAMANADA, THRISSUR. W.P.(C). NO.5302/2008-F: *ADDL.R7. JAYASREE APPU, KUZHIPPILLIL HOUSE, ELAVOOR.P.O. - 683 572. *ADDL.R7. IS IMPLEADED AS PER ORDER DATED 25/02/2008 IN I.A. NO. 2691/2008. BY GOVT. PLEADER SRI. P.N. SANTHOSH, ADV. SRI.PHILIP T.VARGHESE, SRI.SHEEJO CHACKO, SRI.M.N.MANOJ, SRI.PRASANTH K.DIVAKARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5302/2008-F: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE PERMANENT S.S.I. REGISTRATION CERTIFICATE ISSUED BY THE DEPARTMENT OF DIRECTORATE OF INDUSTRIES AND COMMERCE TO THE P.2. EXT.P.2: COPY OF THE PANCHAYAT LICENSE DTD. 10/10/2007 ISSUED TO THE P.1. EXT.P.2.A: COPY OF THE PANCHAYAT LICENSE DTD. 15/11/2007 ISSUED TO THE P.2. EXT.P.3: COPY OF THE CERTIFICATE DTD. 23/03/2007 ISSUED FROM THE KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF THE P.1. EXT.P.3.A: COPY OF THE CERTIFICATE DTD. 28/03/2007 ISSUED FROM THE KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF THE P.2. EXT.P.4: COPY OF THE PERMIT DTD. 12/11/2007 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ERNAKULAM OF IN FAVOUR MR.N.N.SURESH, IKKUMPURATH HOUSE. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 5302 OF 2008 F = = = = = = = = = = = = = = = = Dated this the 25th February, 2008 J U D G M E N T Petitioners are licence holders of a small scale industrial units engaged in the manufacture of bricks using clay that is brought from outside. Ext. P1 is the registration obtained by the petitioners. Exts. P2 and P2(a) are the licenses that are obtained by the petitioners from the 5th respondent Panchayat. Standing Counsel for the 5th respondent also confirms the correctness and validity of these licenses. 2. The complaint of the petitioners is that despite the fact that they are operating the unit strictly in compliance with the licenses that have been granted, the functioning of the unit is obstructed at the instance of the 1st respondent, by respondents 2 to 4 and 6. Now that the Panchayat has confirmed before me about the fact that the petitioners have obtained licenses to operate the brick manufacturing unit utilising clay brought from outside, I do not W.P.(C) No. 5302 OF 2008 -2- think that the respondents herein have any right to obstruct the functioning of the unit so long as the petitioners have not violated any of the licence conditions. 3. Therefore, I direct that so long as the petitioners are operating their brick manufacturing units on the strength of required licenses and in terms of the licenses that are granted by the authorities including the 5th respondent Panchayat, the functioning of the unit shall not be obstructed by respondents 1 to 4 and 6. Writ petition is disposed of with the above direction. ANTONY DOMINIC JUDGE jan/-