MOHAMMED SAGEER Vs. KANNAMBRA GRAMA PANCHAYATH

JUDGEMENT

(1.) Whether a hot mix plant set up by the petitioner in W.P. (C)No.30771 of 2021 should be allowed to function, is the hotly contested issue in these writ petitions.

(2.) W.P.(C)No.30771/2021: The petitioner and his brother, who are PWD contractors entered into agreements with the Public Works Department and the Local Self Government Institutions for construction, improvement, repair works, etc. of PWD and Local Self Government Institutions. They are also involved in road laying works. To carry out the contract works under the Government, a large quantity of metal bitumen mix is required. To source the said requirement, the petitioner decided to install a metal bitumen mix plant. An extent of 1 Acre of land in Sy.No.378/1 of Kannambra Village was purchased. An application was filed under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 (hereinafter referred to as Facilitation Act) to the District Industries Centre, Palakkad, (DIC for short) in the prescribed form, seeking an acknowledgment certificate for starting the manufacture of metal bitumen mix unit in the property. Ext.P3 certificate was issued on 8/12/2021. Ext.P4 dtd. 26/10/2021 is the intimation regarding the online industry registration certificate. The very purpose of the Facilitation Act is to ensure that there are no roadblocks while starting industries and establishments in the State of Kerala. Based on Exts.P3 and P4, the petitioner started preparation for establishing the unit. It is alleged that there were threats from some local leaders of a major ruling political party, that the petitioner would not be permitted to function the unit if persons chosen by the obstructors were not engaged in the petitioners' establishment. The petitioner filed W.P. (C)No.29309/2021 and by Ext.P5 interim order dtd. 17/12/2021, this Court directed the Sub Inspector of Police, Vadakkencherry Police Station to afford adequate and effective protection to the petitioner and his employees, if the petitioner was functioning with valid consents and licenses from the competent statutory authorities. Apprehending issuance of stop memo by the 1st respondent Panchayat, since the petitioner had not obtained a building permit from the Panchayat, the petitioner has moved this writ petition. The petitioner contends that in view of the provisions of the Facilitation Act, there is no necessity for obtaining such permits from the Local Authorities for a period of three years. The petitioner seeks a direction to the respondents not to interfere with the establishment of the petitioner's metal bitumen mix unit on the strength of Exts.P3 and P4 and to declare that the petitioner is entitled to establish the Unit in view of Ss. 5 and 6 of the Facilitation Act.

(3.) W.P.(C)No.2580/2022: The petitioners in this writ petition are owners of rubber plantations and residents of Kannambra Grama Panchayat. They submit that the rubber plantations owned by them were originally part of Arya Lakshmi Rubber Estate and that the 11th and 12th respondents in the writ petition are owners of rubber plantations adjacent to the estate of the petitioners. The 12th respondent referred to above is the petitioner in W.P.(C)No.30771 of 2021 and the 11th respondent is his brother. The petitioners have challenged the erection of the tar mixing plant in the properties of the 11th and 12th respondents. They submit that the property was originally a rubber plantation which was cleared and levelled by using a JCB and thereafter the plant was installed. The above action is challenged on the following grounds;