IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 524 of 2010(M) ------------------------ PETITIONER(S): ---------------------- A.I.POTHEN, S/O.IDICHANDY, AGED 58 YEARS, MANAGING PARTNER, MOUNT ZION GRANITE, MALAYALAPPUZHA, THAZHAM PO, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.S.JOHN SRI.JESTIN MATHEW RESPONDENT(S): ----------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, MALAYALAPUZHA GRAMA PANCHAYATH, MALAYALAPPUZHA, PATHANAMTHITTA DISTRICT. *ADDL.R3. V.S.HARISH CHANDRAN, NEDUVELI THAZHATHETHIL, MALAYALAPUZHA. THAZHAM P.O, PATHANAMTHITTA. *ADDL.R4. UDAYAKUMAR P.R. SHANTHIYIL PUTHEN VEEDU, MALAYALAPUZHA, THAZHAM P.O, PATHANAMTHITTA. (*ADDL.RESPONDENTS ARE IMPLEADED AS PER ORDER DATED 27.1.2.010 IN IA NO.1136/10) ADV. SRI.SIBY MATHEW FOR R2 SRI.PHILIP J.VETTICKATTU FOR R2 SRI.B.PREMNATH (E) FOR R2 SRI.G.UNNIKRISHNAN FOR ADDL.R3 & 4 GOVT.PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.524/2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LICENCE ISSUED BY THE PANCHAYAT. EXT.P2: TRUE COPY OF THE CONSENT LETTER. EXT.P2(a): TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING AND GEOLOGY. EXT.P2(b): TRUE COPY OF CERTIFICATE OF REGISTRATION. EXT.P2(c): TRUE COPY OF THE ACKNOWLEDGEMENT FROM INDUSTRIAL DEPARTMENT. EXT.P3: TRUE COPY OF NOTICE DT 24.10.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF UNDERTAKING BY THE PETITIONER. EXTS. OF R2 EXT.R2(j): TRUE PHOTOCOPY OF THE LETTER DT 4.1.2010 RECEIVED FROM THE DISTRICT TOWN PLANNING OFFICER, PATHANAMTHITTA. EXTS OF R3 EXT.R3(a): TRUE COPY OF LETTER NO.A5.520/06 DT.2.6.09 OF THE 2ND RESPONDENT. EXT.R3(b): TRUE COPY OF ORDER DT 3.8.09 OF 2ND RESPONDENT. EXT.R3(c): TRUE COPY OF LETTER DT 14.10.09 ISSUED BY THE 2ND RESPONDENT. EXT.R3(d): TRUE COPY OF PLAINT IN OS 436/09 MUNSIFF'S COURT, PATHANAMTHITTA. EXT.R3(e): TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER IN OS 436/09. EXT.R3(f): TRUE COPY OF COMMISSION REPORT IN OS 436/09. EXT.R3(g): TRUE COPY OF ORDER DT 3.12.09 IN IA 2668/09. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 524 OF 2010 (M) ===================== Dated this the 4th day of February, 2010 J U D G M E N T Petitioner claims to be a running crusher unit by name Mount Zion Granite situated within the Malayalappuzha Panchayat. Ext.P1 is the licence issued to the petitioner and Ext.P2 is the consent obtained from the Pollution Control Board. He approached this Court on receipt of Ext.P3 order, issued on the allegation that the petitioner had violated the directions of the Panchayat and had undertaken construction of a building without obtaining permit from the Panchayat. It is also alleged that the petitioner has trespassed into the public road and made constructions. It was to avoid an imminent closure of the unit that the writ petition was filed and an interim order was passed by this Court enabling the petitioner to run the existing crusher unit. 2. Panchayat has filed a counter affidavit and an additional counter affidavit. It is stated that the petitioner had applied for a building permit to construct a building for industrial purposes and that by Ext.R1(j) order passed by the Chief Town Planner, subject to the conditions imposed therein, the plan has WPC 524/10 :2 : been approved. In the additional counter affidavit, the Panchayat further states that the petitioner will be granted permission to make additional construction only in accordance with the conditions laid down in Ext.R1(j) and that until permission is granted and licence is issued, petitioner will not be permitted to make any construction or use motors having capacity of more than 30 H.P. 3. Additional respondents 3 and 4 have filed a counter affidavit producing records pertaining to OS No.436/09 now pending before the Munsiff's Court, Pathanamthitta, in which Ext.R3(g) order of injunction has been passed. This order makes it clear that as at present, the petitioner is not entitled to operate a motor having capacity of more than 30 H.P. 4. It is therefore evident that as at present the petitioner has not been granted any permission or licence to undertake any further construction or to use motors having capacity of more than 30 H.P. Therefore, for the present, the petitioner will have to confine his activities to the existing building using motor of only 30 H.P and the petitioner shall comply with the licence conditions. It is ordered accordingly. It is also made clear that the petitioner WPC 524/10 :3 : shall not, until obtaining a permit or licence in terms of Ext.R1(j) undertake any further construction, and in the event the petitioner undertakes any such construction, it will be open to the Panchayat to take necessary action against the petitioner and any such construction shall be prevented. 5. Now that by Ext.R1(j), the Chief Town Planner has approved the plan and lay out of the petitioner's unit, it is directed that the Panchayat shall take necessary consequential action, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp