IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31151 of 2011(T) ---------------------------------------- PETITIONER(S): -------------------------- T.J. SEBASTIAN, THERUVIL HOUSE, KIZHATHADIYOOR P.O., KOTTAYAM DISTRICT. BY ADVS. SRI.JOSE DAVIS, SRI.MATHEW JOSEPH (THOTTUNKAL). RESPONDENT(S): ---------------------------- 1. THE PALA MUNICIPALITY, REP. BY ITS SECRETARY, PALA P.O., KOTTAYAM DISTRCT-686 575. 2. RAHUL P.THOMAS, PORUNNOLIL HOUSE, KIZHATHADIYOOR P.O., PALAI, KOTTAYAM DISTRICT-686 574. 3. JOSE.J.CHEERANKUZHI HOUSE, KIZHATHADIYOOR P.O., PALAI, KOTTAYAM DISTRICT-686 574. R1 BY ADV. SRI. V.M.KURIAN, SC, PALA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31151/2011 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION DATED 31.10.2011 SUBMITTED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.31151 of 2011-T. = = = = = = = = = = = = = Dated this the 23rd November, 2011. J U D G M E N T The petitioner is a resident of Pala Municipality. He is also the President of the Indiranagar Residential Association in Ward No.9 of the first respondent. The complaint of the petitioner is that respondent Nos.2 and 3 are going ahead with their preparations for starting an M.Sand manufacturing unit in Survey No.104/25, Block No.80 and adjoining lands of Lalam village which is in the middle of a residential area. According to the petitioner, the site is not at all suitable for the purpose of establishing a crushing unit and therefore they are objecting to the same contending that if permission is granted for starting the unit there would be health hazards to the residents. 2. Counsel for the petitioner limits his relief to an opportunity of being heard before permission is granted to WP(C).No.31151/2011-T. 2 respondents 2 and 3 to start their crusher unit. 3. I have heard Advocate V.M.Kurien who appears for the first respondent also. 4. In view of the limited relief that is claimed, I am of the view that this writ petition can be disposed of directing the first respondent to afford an opportunity of being heard to the petitioner also before granting permission to install the crusher unit. 5. This writ petition is accordingly disposed of directing the first respondent to hear the objections of the petitioner also before taking a final decision on the question as to the grant of permission to install the crusher unit to respondents 2 and 3. K.SURENDRA MOHAN, (Judge) Kvs/-