JOY PETER MANAGING PARTNER PETERS TYRE RE CYCLING THETTAYIL HOUSE ANGADIKADAVU ROAD ANGAMALI P O ERNAKULAM Vs. PUTHENCHIRA GRAMA PANCHAYATH MANIYAMKAVU PUTHENCHIRA SOUTH P O THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) W.P.C.No.11135 of 2011 is filed for a writ of mandamus to direct the respondent to issue licence to the petitioner for erection of plant and machinery as directed in Exts.P2 and P4. By Ext.P1, the respondent Panchayath refused to grant licence to the petitioner for conducting a re-cycling unit of used radial tyres. Ext.P2 is a decision taken by the Green Channel Committee which directs the Secretary, Puthenchira Grama Panchayath to issue D&O licence to the petitioner. The Committee had observed that the petitioner had obtained all necessary permission from the Pollution Control Board, District Medical Officer, Fire and Rescue Services etc. It seems that by virtue of an interim order passed by the Sub Court in O.S.No.337/2010, an interim injunction is granted restraining the petitioner from starting or conducting any rubber based factory or unit in the plaint schedule property.

(2.) IN the meantime, Ext.P1 was challenged by the petitioner before the Tribunal for Local Self-Government and by Ext.P4 order dated 05/02/2011, the Tribunal allowed the appeal directing the Panchayath to issue D&O licence to the appellant for starting the industry. It is the case of the petitioner that despite the directions issued as per Ext.P4, no action is taken by the Panchayath for issuing the licence. Hence the writ petition.

(3.) IT is relevant to note that unless the industry starts functioning, it may not be possible to come to a conclusion that the industry causes any nuisance to the neighbouring land owners. IT is said that this industry is being set up in an area of more than two acres of land. To what extent a nuisance will be created is yet to be seen. IT is for the statutory authorities like the Pollution Control Board to verify as to how an industry is to be established and operated and once the entrepreneur sets up the industry complying with all the legal formalities, it is not known how a Panchayath can refuse such a licence. Despite all the precautions that are being taken by the industrialist/ enterpreneur as per the parameters laid down under the various statutes, still if a nuisance is caused to a neighbouring land owner, it is for him to approach a civil court for necessary redressal of his grievance.