K.T.VARGHESE Vs. PARAKKADAVU GRAMA PANCHAYATH

JUDGEMENT

(1.) EXT .P4 licence granted by the local authority in favour of the third respondent to run a crusher unit is under challenge in this writ petition. Petitioners 2 to 4 in W.P.(C) No.8633/2013 are respondents 6 to 8 in W.P.(C)No.11736/2013 which has been filed by the third respondent in the former writ petition, challenging ex parte interim order granted by the appellate authority under the Air (protection and Control of Pollution) Act, 1981; whereby the consent already granted has been intercepted virtually stalling the operation of the crusher unit.

(2.) THE grievance of the writ petitioners in W.P.(C). No.8633/2013 is that the third respondent therein submitted an application for D & O licence without obtaining permission from the competent authority in terms of Section 233 of the Kerala Panchayat Raj Act, 1994 and in spite of the hearing scheduled on 4th, 5th and 6th March, 2013, the 2nd respondent granted licence to the third respondent till 5.3.2013. It is also pointed out that the said petitioners had not issued any consent for running the unit.

(3.) HEARD the learned counsel appearing for the parties concerned. This Court has gone through the pleadings and proceedings including the counter affidavit filed by respondents