PALAKKAL MARTIN Vs. ANSAR C.

JUDGEMENT

(1.) Appellant is the 2nd respondent in the writ petition. The writ petitioner, who is the 1st respondent herein, approached this Court seeking the following prayers:

(2.) Ext. P-1 is the order passed by the Kerala State Pollution Control Board, hereinafter referred to as the 'Board', refusing the consent to establish a Stone Crusher Unit, for which the writ petitioner sought consent. The said order has been affirmed by the Air Appellate Authority vide Ext. P-2. The basis of Ext. P-1 order is that the appellant had put up a residential house at a distance of 130 meters from the centre of the proposed crusher unit and in view of the Circular issued dated 24-11-2009 relating to 'New siting criteria for establishment and expansion of primary crushers' consent was declined. The Circular relating to suitability of site inter alia reads as follows:

(3.) The learned Single Judge disposed of the writ petition by setting aside Exts. P-1 and P-2 and directing the 1st respondent (Board) to consider the application of the writ petitioner for establishing the metal crusher unit without reference to the existence of the building constructed by the appellant. Feeling aggrieved by the same, the appeal is filed.