ALWYN JOSE NADUVATHETTU HOUSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The issues arising for consideration in these matters are closely interlinked and they are, therefore, disposed of by this common judgment. Parties and documents are referred to in this judgment, as they appear in W.P.(C) No.28643 of 2020.

(2.) The petitioner is a contractor undertaking works of the Public Works Department. The petitioner took a land on lease for erecting a hot mix plant for executing a road work. Thereupon, he obtained permission from the concerned Panchayat in terms of Rule 68 of the Kerala Panchayat Building Rules, 2019 (the Rules) and Ext.P2 consent to establish the hot mix plant from the Pollution Control Board in terms of the Water (Prevention and Control of Pollution Act), 1974 and Air (Prevention and Control of Pollution Act), 1981. It is stated by the petitioner that later, when he was carrying on the levelling work of the leasehold for the purpose of erecting the hot mix plant, police intervened alleging that the petitioner ought to have obtained permission of the Geologist for carrying out the levelling work. The petitioner, therefore, approached this court by filing W.P.(C) No.25457 of 2020 and obtained Ext.P3 judgment interdicting the Geologist from interfering with the erection and operation of the hot mix plant in the land so long as the petitioner does not remove any mineral from the land. It is stated by the petitioner that later, when he attempted to erect the hot mix plant, the Secretary of the Panchayat issued Ext.P5 stop memo stating that the activities carried on by the petitioner is unauthorised. It is alleged by the petitioner that later, the petitioner was issued Ext.P8 stop memo by the Secretary of the Panchayat stating that in so far as the term of the permit issued to him under Rule 68 of the Rules for erecting the hot mix plant has expired, the petitioner is not entitled to undertake any work in the land until the permit is renewed. Exts.P5 and P8 stop memos are under challenge in the writ petition. The petitioner also seeks a direction to the Secretary of the Panchayat to refrain from obstructing him from erecting the hot mix plant. He also seeks a declaration that the activity proposed to be undertaken by the petitioner making use of the hot mix plant does not come within the scope of Section 233 of the Kerala Panchayat Raj Act, 1994 and the petitioner is therefore, not required to obtain licence under the said provision from the Panchayat for the said purpose.

(3.) W.P.(C) No.724 of 2021 is instituted by a few persons residing in the neighbourhood of the land where the petitioner proposes to erect the hot mix plant. They seek, among others, a direction to the Secretary of the Panchayat to refrain from issuing any permit to the petitioner under Rule 68 of the Rules for erecting the hot mix plant.