INDIA CEMENTS LTD. Vs. SECRETARY

JUDGEMENT

(1.) The petitioner is aggrieved with the non-acceptance of an application for renewal of licence.

(2.) The petitioner was admittedly carrying on stocking of cement as permitted by the Panchayat in Exhibit P1 licence. The petitioner also had obtained a Consent to Establish and Consent to Operate from the Kerala State Pollution Control Board [for brevity "PCB"]. The PCB, on complaints received from the local residents, without issuing notice withdrew the Consent to Operate. The petitioner approached this Court and this Court, by Exhibit P2 judgment, directed the PCB to consider and pass orders on the fresh application submitted by the petitioner for consent. The same was considered and consent was issued. The learned Counsel appearing for the PCB admits that such a consent has been issued on 07.06.2017.

(3.) When the petitioner approached the Panchayat for renewal of licence, the application was refused to be accepted. The learned Counsel for the Panchayat submits that there are many complaints from the residents of the locality as to pollution having been occasioned and, hence, it was insisted that a Sanitation Certificate from the Health Inspector and a Clearance Certificate from the District Medical Officer should be produced along with the application.