A.K.NAZEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition was filed in the year 2012 to initiate action against illegal construction of a Metal Crushing Unit of the seventh respondent adjacent to the apartment in possession and occupation of the petitioners. It appears that the seventh respondent had obtained dealer's licence under the Kerala Minor Mineral Concession Rules, 1967. However, he had not obtained any permission for operation of the Crusher Unit. The learned counsel for the Panchayat also submits that the seventh respondent had not obtained any permission for the Crusher Unit and as of now it is not functioning.

(2.) In the light of the fact that the seventh respondent has not obtained any licence for operating the Crusher Unit, he is restrained from operating the same without any permission, licence, etc. from the local authority including the Panchayat. In the event any application for licence is submitted for operating any such industrial unit, necessarily, the Panchayat shall afford an opportunity of hearing to the petitioners. Recording no Crusher Unit is being operated by the seventh respondent in the land in question, the writ petition is disposed of as above. No costs.