ABDUL KHADER Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE issue involved in these writ petitions relates to the decision taken by the Single Window Clearance Board, Palakkad (for short, the Board) recommending licence to run a metal crusher unit by name "M/s. Silver Sand", within the local limits of Vandazhy Grama Panchayat in Palakkad district.

(2.) W .P(C) No. 24930 of 2014 is filed by the applicant before the Board seeking to install the unit. He alleges that his property is lying contiguously single plot in Sy. Nos. 81/3 and 81/4 of Vandazhy II village. He alleges that he has obtained Ext. P1 consent from the Pollution Control Board for installing sand making machine and auxiliaries. He further alleges that he wants to produce M Sand for which, consent has already been issued. He obtained Ext. P2 no objection of the Assistant Divisional Office, Fire and Rescue Services, Palakkad. Thereafter he approached the Board with an application and the General Manager forwarded the same to all statutory authorities for getting report in the matter. It was noted by the 9th respondent and recommended to the Chief Town Planner for layout approval. A meeting of the Board was held on 3.3.2014 and through Ext. P6, they recommended for further approval of the petitioner's unit. Moreover, there was a direction issued by the Board that the application for panchayat licence has to be considered and granted immediately. The petitioner points out as there was again delay on the part of respondents 8 and 9, the Board again directed the panchayat to give sanction without insisting for NOC from the Department of Environment and Climate Change. Ext. P8 direction was issued on 2.7.2014 and the same was communicated by the Convener of the Board to the 9th respondent through Ext. P9 dated 5.8.2014. The petitioner further alleges that the District Medical Officer (DMO) has issued Ext. P10 NOC for the unit. Therefore, according to the petitioner, in public health point of view, the unit has got approval. Moreover, the Town Planning Department has issued Ext. P11 order. Further the DMO has issued approval for the site for installation of the motor for running the M Sand unit.

(3.) W .P(C) No. 31911 of 2014 is filed by the residents of the locality where the unit is proposed to be installed seeking a direction to the respondents 1 to 7 to ensure that respondents 8 and 9, and their men shall not conduct quarrying operations, crusher unit or constructing M Sand unit in the property mentioned in Exts. P1 to P4, P7 and P10 without permission and licence from the first respondent under Sections 232 and 233 of the Kerala Panchayat Raj Act, 1994. According to the petitioners, the unit is a red category polluting industry for which mandatory requirements are to be complied with as mentioned in Exts. P4 and P7. According to them, Exts. P9 and P11 are illegal attempts on the part of the 5th respondent to overreach Exts. P7 and P10 actions of statutory authorities. The grievance of the petitioners is that inspite of the complaints and representations as evidenced by Ext. s.P5, P6 and P12, respondents 8 and 9 continue the illegalities like unauthorised quarrying and the construction of M Sand unit without any licence or permission from the 1st respondent.