IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 34129 of 2010(M) ---------------------------------- PETITIONER(S): ------------------- 1. NAVAS M.KHADAR, AGED 25, S/O.KHADAR, MARIYIL HOUSE, ALLAPRA P.O., PERUMBAVOOR. 2. M.S.DINESH, MARANGADANKATTIL HOUSE, ALLAPRA P.O., PERUMBAVOOR. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------- 1. VENGOLA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VENGOLA P.O., PERUMBAVOOR. 2. THE SECRETARY, VENGOLA GRAMA PANCHAYAT, VENGOLA P.O., PERUMBAVOOR. 3. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY THE ENVIRONMENTAL ENGINEER, ERNAKULAM. 4. MAHIM.K.A, M/S.KUZHIKANDATHIL TIMBERS, ALLAPRA, PERUMBAVOOR. 5. ASHRAF, S/O.KUNJISAIDU, M/S.KUZHIKANDATHIL TIMBERS, ALLAPRA, PERUMBAVOOR. R1,2 BY ADV.SRI.SIRAJ KAROLY, SC. R3 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOAR R4 & R5 BY ADV. SRI.PRAVEEN K. JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 34129/2010(M) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER PASSED BDY THE SENIOR TOWN PLANNER DATED 22/-5/2010. P2: COPY O FTHE BUILDING PERMIT GRANTED ON 16/06/2010 BY THE 2ND RESPONDENT. P3: COPY OF THE CONSENT DATED 07/05/2010 ISSUED BY THE 3RD RESPONDENT TO RESPONDENTS 4 & 5 TO ESTABLISH THEIR PLYWOOD MANUFACTURING UNIT. P4: COPY OF THE COMPLAINT FILED BY THE LOCAL RESIDENTS ON 30/05/2010 AGAINST STARTING OF THE PLYWOOD MANUFACTURING UNIT. P5: COPY OF THE REPRESENTATION DATED 28/05/2010 SUBMITTED BY THE PETITIONERS AGAINST STARTING OF THE PLYWOOD MANUFACTURING UNIT. P6: COPY OF THE REQUEST MADE BY THE 1ST PETITIONER ON 02/11/2010 TO THE PANCHAYAT TO ISSUE STOP MEMO TO THE PLYWOOD MANUFACTURING UNIT. P7: COPY OF THE COMMUNICATION DATED 09/07/2010 ISSUED BY THE KERALA STATE HUMAN RIGHTS COMMISSION TO THE 2ND RESPONDENT. P8: COPY OF THE COMMUNICATION DATED 23/06/2010 ISSUED BY VENGOLA GRAMA PANCHAYAT TO THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS: R4(a):COPY OF THE ROUGH SKETCH OF THE AREA IS SUBMITTED BY THE RESPONDENT. R4(b):COPY OF THE BUILDING PERMIT DATED 16/06/2010 OF THE VENGOLA GRAMA PANCHAYAT. R4(c):COPY OF THE ORDER DATED 22/05/2010 OF SENIOR TOWN PLANNER, ERNAKULAM. R4(d):COPY OF THE ACKNOWLEDGEMENT DATED 23/11/2009 OF DIC, ERNAKULAM. R4(e):COPY OF THE APPROVAL DATED 09/02/2010 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM SUBMITTED BY THE RESPONDENT. svs .............2/-.... ...2... R4(f):COPY OF THE NOC DATED 19/01/2010 OF THE ASSXISTANT DIVISIONLA LFFICER, FIRE & RESCUE SERVICES, ERNAKULAM SUBMITTED BY RESPONDENT. R4(g):COPY OF THE CONSENT DATED 12/04/2004 OF THE PETITIONER AND OTHERS. R4(h):COPY OF THE TAX RECEIPT DATED 06/04/2009 OF THE VENGOLA VILLAGE. R4(i):COPY OF THE LIST OF ORANGE CATEGORY SUBMITTED BY RESPONDENT. R4(j):COPY OF THE PHOTOGRAPHS OF THE SITE. /TRUE COPY/ P.A. TO JUDGE svs P.N.RAVINDRAN, J. ------------------------------- W.P.(C).No.34129 of 2010 ------------------------------- Dated this the 21st day of December, 2010. J U D G M E N T The petitioners herein, who are the residents of Vengola Grama Panchayat, have filed this writ petition challenging Ext.P2 building permit issued by the Secretary of Vengola Grama Panchayat and Ext.P3 consent, to establish a wood based industry, issued by the Kerala State Pollution Control Board to respondents 4 and 5 who are father and son respectively. The petitioners have raised various contentions, questioning the grant of the building permit and the consent to establish a wood based industry. They contend that, if a wood based industry is established by respondents 4 and 5, it will cause nuisance and result in pollution of the locality. Pointing out these aspects, the petitioners along with others, have submitted Ext.P4 representation before the Vengola Grama Panchayat. In this writ petition, the petitioners also seek a direction to the Vengola Grama Panchayat to consider Ext.P4 and take an appropriate 2 W.P.(C).No.34129 of 2010 decision thereon. 2. The petitioners cannot, in my opinion be said to be aggrieved by the grant of a building permit by the local authority to respondents 4 and 5. The petitioners have no case that the building permit has been issued in violation of the Kerala Municipality Building Rules, 1999. The petitioners can have objection only to the establishment of a factory, if grounds exists for raising any such objection. The provisions of S.232 of the Kerala Panchayat Raj Act and the Kerala Panchayat Raj (Issuance of License to Dangerous and Offensive Trades and Factories) Rules 1996, contain adequate safeguards to ensure that objections of the kind projected by the petitioners, are taken note of by the Grama Panchayat, before the grant of a license. In such circumstances, I am of the opinion that, the rights of the petitioners can be safeguarded by directing the local authority to consider the objections raised by them and others, while taking a decision on the applications submitted by respondents 4 and 5 for permission to establish a wood based industry in the building 3 W.P.(C).No.34129 of 2010 put up by them, on the strength of Ext.P2 building permit. I accordingly, dispose of the writ petition with a direction to the respondents 1 and 2 to consider the objections raised by the petitioners and others, while taking a decision on the applications submitted by respondents 4 and 5 for permission to establish a wood based industry. P.N.RAVINDRAN, Judge. ami/