BABY MATHEW Vs. NELLIKKUZHI GRAMA PANCHAYATH

JUDGEMENT

(1.) THE petitioner submits that he owns 6.5 cents of land in Survey No. 285/18-1 of Irumalappady Village, within the area of the 1st respondent Panchayat.

(2.) ON an application made by the petitioner, he was granted Ext. P1 licence for starting a light/fabrication engineering unit using 20 HP electric motor. According to the petitioner, on the strength of the licence he established a small scale industrial unit, and that thereafter complaints were made by neighbouring residents. Accordingly, the Panchayat issued Ext. P2 notice calling upon the petitioner to show cause why licence shall not be cancelled. The petitioner submitted Ext. P3 reply and finally, the Panchayat cancelled the licence by order dated 27th July, 2005.

(3.) ACCORDINGLY, the Pollution Control Board inspected the premises of the petitioner and consent to operate the industrial unit was granted, a copy of which is Ext. P8. This consent is valid till 30/06/2015. Again as directed by the Tribunal, the Panchayat considered the matter and by Ext. P10 resolution, the Panchayat concluded that the establishment of the petitioner's unit is against public interest and therefore it was decided not to grant licence to the petitioner.