ASHARAF Vs. DISTRICT COLLECTOR ERNAKULAM

JUDGEMENT

(1.) The petitioner is a resident of Vengola in Perumbavoor. In this writ petition, his grievance is against the Industrial Unit established and run by respondents 5 and 6 by name Surya Industries, manufacturing saw dust briquette. The case of the petitioner is that this industrial unit was functioning since 2003 without obtaining any licence from the Panchayat authorities, Factories and Boilers Department or the Pollution Control Board. It is stated that the industry has been functioning without licence causing extensive pollution to the environment.

(2.) These allegations have been denied by respondents 5 and 6 in the counter affidavit filed by them. It is their case that they have been functioning their Industrial Unit with all licences. They have also produced as Ext.R5(c) licence which is said to be a renewed one issued by the 3rd respondent, Ext.R5(d) consent to operate their industrial unit issued by the Pollution Control Board and Ext.R5(e) licence issued by the Industries and Boilers Directorate also have been produced.

(3.) While the petitioner reiterates his plea that these are licences which are obtained for the first time, fact remains that, as on date, industrial unit possesses the licence mentioned above. If that be so, present functioning of the industrial unit, prima facie, does not appear to be obnoxious, in which event, the petitioner cannot object its functioning.