GEORGE JOSEPH Vs. BOSE WELL JOHN

JUDGEMENT

(1.) These writ petitions relate to the establishment of a hot mix plant by the writ petitioner in W.P. (C).No.3846/2020 in Kuttamangalam Village of Kothamangalam Taluk. The writ petitioner in W.P. (C).No.3846/2020 is hereinafter referred to as the 'entrepreneur'. The entrepreneur was awarded a contract work of improvement of the road, Panamkutty- Neriamangalam road in Idukki District. In connection with the road work, he proposed to establish a hot mix plant in re-survey Nos.112/1A-24F, 112/1A-25F1 of Kuttamangalam Village.

(2.) It appears that the entrepreneur has established the hot mix plant without obtaining permission from the local Panchayat. The Panchayat issued a stop memo on 3/1/2020, directing to stop the construction. Thereafter, the entrepreneur submitted an application for regularisation on 30/1/2020. This application was rejected by the Panchayat committee as per its decision dated 31/1/2020. The entrepreneur filed W.P.(C).No.3846/2020 on 19/2/2020 challenging the above order. In this matter, third parties, who were objecting the issuance of licence on various grounds, got impleaded. Pending the writ petition, the entrepreneur also filed an application for regularisation as required under law for approval of the layout of the building from the District Town Planner, by virtue of Rule 30 of the Kerala Panchayat Building Rules 2019.

(3.) George Joseph and others, claiming to be the local residents, filed W.P.(C).No.774/2020 seeking prayers directing the Panchayat not to issue any licence or permissions to install and function the hot mix plant in the aforenoted land.