DEVADAS Vs. KALADY GRAMA PANCHAYAT

JUDGEMENT

(1.) The writ petitions are concerned with the establishment of a glass toughening unit. The petitioner in W.P.(C) No.19746 of 2015 represents the residents of the locality and opposes the establishment. W.P.(C) No.36246 of 2016 is filed by the entrepreneur, who wants to establish the unit. The parties and documents are referred to from W.P.(C) No.19746 of 2015, unless otherwise referred.

(2.) The petitioner objects to the establishment of the glass toughening unit by the 3 rd respondent, within the jurisdiction of the 1 st respondent, on grounds of density of population in the locality as also nuisance and pollution that is apprehended. The petitioner also points out that the procedure followed by the Panchayath was not in accordance with Section 233 of the Kerala Panchayath Raj Act, 1994 (for brevity the Act of 1994'); with a further disturbing allegation of the Secretary having colluded with the 3 rd respondent and misled the Council, to frustrate the consideration of valid objections raised by the residents of the locality.

(3.) The petitioner and other residents of the locality had preferred a complaint before the Panchayath as evidenced from Ext.P2 against the establishment of the unit. The petitioner was also issued with notice at Ext.P4 dated 19.01.2015 granting a hearing on 24.01.2015. However the petitioner contends that even prior to the issuance of Ext.P4 notice, a decision is said to have been taken by the Panchayath on 28.11.2014, the Minutes of which is produced as Ext.P10. The Minutes show that there are interpolations made later, incorporating the decision taken to grant licence to the 3 rd respondent and one another party, which clearly indicates that there were manipulations made of the Minutes Book. The decision at that point could not also have been taken since the Council had to first consider the reports of the various authorities specified under sub-section (4) of Section 233; before the decision to permit as such, is taken. The various consents issued by the authorities as provided in Section 233 of the Act of 1994 are subsequent to the decision on 28.11.2014.