BABY MATHEW Vs. NELLIKKUZHI GRAMA PANCHAYAT

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. 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.

(2.) Aggrieved by this order, the petitioner filed an appeal to the Committee of the Panchayat. The appeal was rejected by Ext. P6 order. Against these proceedings, the petitioner filed Revision Petition No. 118/05 before the Tribunal for Local Self Government institutions. By Ext. P7 order, the Tribunal disposed of the Revision Petition. Taking note of the fact that the Panchayat cancelled the licence mainly on the basis that nuisance and pollution were caused on account of the industrial unit, the Tribunal held that the conclusion regarding the nuisance and pollution was arrived at without obtaining any valid report and simply on the complaints and the reports submitted by the Steering Committee, which did not include any technical hand.

(3.) On the above basis, the Tribunal passed the following order: