VELAKODE RUBBER Vs. KAIPARAMABU GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is aggrieved with Exhibit P6 order issued by the Panchayat.

(2.) The petitioner is carrying on a rubber recycling unit within an industrial area as notified by the State Government. By Exhibit P6, the petitioner was issued with a stop memo finding violation of Sections 232, 233 and 233A of the Kerala Panchayat Raj Act, 1994 [for brevity "Panchayat Raj Act"]. The grounds raised in the stop memo are that the petitioner had not obtained any permission for establishment of the industry under Sections 232 and 233 and that under Section 233A there is found nuisance caused from the emissions from the factory operated by the petitioner.

(3.) The learned Counsel appearing for the petitioner would contend that the petitioner's industry is exempted from taking any permission under the Panchayat Raj Act as per Section 1(2) and also Section 233B. Section 1 (2) as it exists now, exempted the areas inter alia categorised as industrial areas of the State. Though an amendment was brought about with effect from 2010 specifying the industrial areas to be those declared under the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 [for brevity "Single Window Clearance Act"], the petitioner's industry will still be covered under sub-clause (i) of Section 233B, which takes in industrial development areas declared as such by a Government controlled agency.