BLUE BLAK GRANITES Vs. P P THANKACHAN

JUDGEMENT

(1.) THE petitioners are partners of a firm by name 'Blue Black Granites'. THEy had obtained a consent from the Pollution Control Board originally for establishing a secondary Metal Crusher Unit using 40 h.p. machinery with 20 h.p. for secondary Crusher Unit and 20 h.p. for Ancillary Unit. Ext.P2 is the consent issued by the Pollution Control Board for the same. In accordance with the said consent, the second respondent - Panchayat issued Ext.P1 licence for running a Metal Crusher Unit using 40 h.p. electric motor. Later on, the petitioners realised that they cannot profitably run the Unit without a primary Crusher Unit also. THErefore, they applied to the Pollution Control Board for consent to establish an additional primary Crusher Unit as well. By Ext.P3, the Pollution Control Board gave consent for a Primary Crusher Unit of 45 h.p. THE first respondent herein objected to the petitioners establishing the Primary Crusher Unit. He approached this Court by filing W.P. (C)No.7672/2008. In that, this Court, by Ext.P4 judgment, directed the Panchayat to consider the matter, after hearing both sides. THEreafter, the Panchayat considered the matter and ultimately passed Ext.P6 order, whereby licence was directed to be granted to the petitioner to install an electric motor of an additional 45 h.p. for a Metal Crusher Unit. THE first respondent challenged the same before the Tribunal for Local Self Government Institutions. THE Tribunal, after hearing the parties, passed Ext.P8 order quashing Ext.P6 order holding that going by the written statement of the Panchayat, what was applied for was an up-gradation of the present 40 h.p. machinery to 45 h.p. machinery whereas what was sanctioned is an additional 45 h.p. In that view, the Tribunal quashed the order with liberty to the first petitioner to file fresh application. THE petitioners have filed this writ petition challenging Ext.P8 order, seeking the following reliefs: " i) to call for the records leading to Ext.P8 and quash the same by the issuance of a writ of certiorari or any other writ, direction or order; ii) to declare that the petitioners are entitled to establish and operate a Primary Crusher Unit of 45 HP after obtaining clearance from the statutory authorities"

(2.) AS is evident from the narration of the facts, the petitioners are challenging Ext.P8 order on the ground that the Tribunal committed a mistake in holding that, what the petitioners sought, was the up-gradation of the existing 40 h.p. machinery to 45 h.p. machinery whereas, as is evident from the documents produced, what the petitioners applied for was, for installation of a new Primary Crusher Unit of 45 h.p. in addition to the Secondary Crusher Unit and Ancillary Unit of total 40 h.p.