IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 13939 of 2009(J) -------------------------- PETITIONER(S): --------------- PRAJEESH BABU, AGED 31 YEARS, S/O. BABU, PROPRIETOR, M.P. AUTOMOBILES, MOOZHAYIL HOUSE, KUDAYATHOOR.P.O. BY ADV. SRI.JOY C. PAUL RESPONDENT(S): --------------- 1. KUDAYATHOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KUDAYATHOOR.P.O., THODUPUZHA, IDUKKI DIST. 2. THE ASSISTANT ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, ANAKOODU JUNCTION, THODUPUZHA. R1 BY ADV. SRI.GEORGE MATHEW R2 BY ADV.SRI.M.K.CHANDRAMOHAN DAS, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13939 OF 2009 ------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT 1. The petitioner challenges the stop memo issued by the first respondent Panchayat. Admittedly, he does not have a licence from the Panchayat, either under the DLO Rules or otherwise. He submitted an application for licence. Learned counsel for the Panchayat says that, that application was also dismissed. The petitioner takes the stand in this writ petition that the activity carried out by him does not require a licence under the Panchayat Raj Act or the Rules thereunder, on account of the exemption available to industrial units with machinery having capacity of less than 5 HP, which is certified by the Industrial Department of the Government or Kerala State Pollution Control Board to be a non-polluting industry. The certification required to get the benefit of that exemption is that the establishment is a non-polluting industry. There is no shred of material with the petitioner either in this case or otherwise to that effect. Learned counsel for the petitioner states that the WPC.13939/09 Page numbers petitioner would apply and obtain such a certificate. Therefore, it is vividly clear that as of now, there is no exemption available to the petitioner and the application of the petitioner for licence has been rejected by the competent authority. This means that the petitioner has to work out his statutory remedies before the competent authorities. Without prejudice to that course, this writ petition is only to be dismissed. 2. I may also take on record the submission on behalf of the Panchayat that the petitioner had filed a civil suit before the Munsiff's court, Thodupuzha as O.S.No.69/09 challenging Ext.P4 with the Panchayat also on the array, however, that the finding of the said suit is suppressed in this writ petition. 3. In the result, the writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.10/6.