BIJU K G Vs. PRASAD MATHEW

JUDGEMENT

(1.) The theory of "give and take" and "live and let live" as enunciated in Bamford v. Turnley, 0 122 ER 27 has practically reached a vanishing point. We are in an era where the people have become self centred and do not bother about fellow beings of the community. The case at hand is a classical example of the same.

(2.) The subject matter in issue in the Writ Appeal and Writ Petition relates to the functioning of a bitumin hot mixing plant. Writ Petition No.25120 of 2016 is a public interest litigation filed by the residents of the locality where the Bitumin Hot Mixing Plant (for short, "the Unit") is situated. The residents challenge the functioning of the Unit on the ground that it causes pollution resulting in various health hazards. Writ Petition No.17441 of 2016 from which Writ Appeal 1652 of 2016 arises, was filed by the owner of the Unit in question. The said Writ Petition was filed by the owner when the Panchayat failed to pass any orders on his application for renewal of the licence under the "Issue of Licence to Dangerous and Offensive Trades and Factories Rules, 1996' (hereinafter referred to as "licence") for the Unit. The owner prayed for a declaration in terms of Section 236(3) of the Kerala Panchayat Raj Act, 1994 (for short, "the Act") that he is possessing a deemed licence for operating the Unit in question.

(3.) The Unit was commissioned in the year 2012 and had been in operation ever since. On the report of the Medical Officer, Primary Health Centre, Koipuram, bearing number 202/2016, marked as Exhibit P3, the Panchayat did not renew the licence. That led to the filing of Writ Petition No.17441 of 2016. Writ Petition No.25120 of 2016 is filed for restraining the functioning of the Unit at the present location raising various health hazards on the allegation that necessary steps are not being taken by the Kerala State Pollution Control Board (for short, "the PCB") in the said regard.