M.D.PATHROSE Vs. BABY M.D.

JUDGEMENT

(1.) The petitioner is a resident of the 2 nd respondent Grama Panchayath. The 1st respondent, the brother of the petitioner, is residing in the adjacent property, who is running a hollow bricks unit in that property. The grievance of the petitioner, which is highlighted in the writ petition, is the pollution alleged to have caused by the functioning of that unit. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 2nd respondent Grama Panchayath to stop the hollow bricks unit run by the 1 st respondent. The petitioner has also sought for a writ of mandamus commanding the 2 nd respondent to cancel the licence granted to the 1st respondent to run the said unit and to consider Ext.P3 complaint made against the said unit, within a time limit to be fixed by this Court.

(2.) On 05.03.2018, when this writ petition came up for admission, this Court admitted the matter on file and issued notice by speed post to the 1st respondent. The respective Standing Counsel took notice for the 2nd respondent Grama Panchayath and also the 3rd respondent Kerala State Pollution Control Board.

(3.) The 1st respondent has filed a counter affidavit opposing the reliefs sought for in this writ petition. Along with the said counter affidavit, Ext.R1(a) sanitary certificate dated 28.03.2018 issued by the Health Inspector, Public Health Centre, Kodanad and Ext.R1(b) integrated consent to operate - (renewal) dated 28.05.2018 issued by the 3rd respondent are placed on record. As per the counter affidavit, the 1st respondent is conducting the hollow bricks unit, after complying with the statutory requirements, on the strength of licence/consent granted by the statutory authorities. Ext.R1(b) integrated consent issued by the 3rd respondent is valid up to 30.06.2022.