CONCRETE AGGREGATE INDUSTRIES Vs. KUMMANODE POURA SAMITHI

JUDGEMENT

(1.) Respondents 8 & 9 in the Original Petition are the appellants. The O.P. was filed by an Association and three other residents of Kummanode challenging the running of the quarry by the appellants herein on the ground of pollution and violations of statutory provisions. Learned single Judge held that the appellant firm has to obtain licences required under different statutes as indicated in the judgment before continuing its operations. Appeal is against this judgment.

(2.) Learned counsel appearing on behalf of the appellants fairly concedes that the appellants ought to take out the required licences and permissions under the various statutes. But their only objection is to the observation of the learned single Judge that the appellants should take out a separate licence under items 84 & 87 in the schedule to the Kerala Panchayats (Licensing of Dangerous and Offensive Trades and Factories) Ruler,1963; hereinafter referred to as the Rules. As the appellants have obtained all other permissions and licences and they do not have any objection also to fulfill, satisfy and obtain any other required licences excepting separate licences as indicated by the learned single Judge under items 84 and 87, the question that arises for consideration is whether separate licences are required under these items.

(3.) Admittedly the appellants have obtained licence from the Panchayat Ext. R8(aa) for item No. 101 in Schedule I to the Rules. The contention on behalf of respondents I to 4 is that apart from the licence under item No. 101 separate licences are required under items 84 and 87. as held by the learned single Judge. Learned counsel appearing on behalf of the Panchayat supports the case of the appellants and submits that the license issued under item No. 101 to the schedule would be sufficient for the running of the appellant firm since rock stone cutting and storing involves different processes and for each process no separate licence is required.