LAWS(KER)-2020-1-90

M.A. SALIM Vs. VENGOLA GRAMA PANCHAYATH

Decided On January 06, 2020
M.A. Salim Appellant
V/S
VENGOLA GRAMA PANCHAYATH Respondents

JUDGEMENT

(1.) The petitioners have approached this Court by impleading private respondent and other Authorities including Grama Panchayath and the Kerala State Pollution Control Board seeking indulgence of this Court under Article 226 of the Constitution of India for issuance of following directions:

(2.) The learned counsel for the petitioners submits that the 4th respondent does not have any permission to carrying on the activity as referred to in this writ petition and the permission granted by the Kerala State Pollution Board dated 18-04-2018 through Ext.P9 is also not on the basis of the spot inspection. The afore mentioned activities gave a cause of action to submit representation Ext.P13 dated 04.07.2019 to 1st respondent, that is, the Grama Panchayath, for taking action in accordance with law. Since no action was taken they were constrained to approach this Court.

(3.) The learned counsel Sri.C.A.Navas for the Grama Panchayath informs the Court that Grama Panchayath issued a notice dated 20.08.2018 to 4 th respondent to stop the activity on account of the fire incident. The learned counsel for the Kerala State Pollution Control Board submit that the unit granted by the 4 th respondent is falling under orange category. This is permissible within 10 metres from nearby residents.