ERAYI KRISHNAN Vs. MALUR GRAMA PANCHAYATLABIC

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P6 stop memo issued by the Secretary of the Malur Grama Panchayat, i.e., the 1st respondent dated 28.05.2018, stating that waste is being discharged from the establishment run by the petitioner causing serious prejudice to the residents of the locality, failing which, appropriate coercive action will be taken by the Panchayat to stop the unit run by the petitioner. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is operating a rice flour manufacturing unit under the name "Malabar Food Products", which, according to the petitioner, is being carried on by securing necessary clearances from all statutory authorities. It is submitted that, license was being issued by the Panchayat following Ext.P1 licence issued in the year 2006, by paying the licence fee, evident from the receipt produced as Ext.P1(3) dated 22.03.2018. Ext.P2 is the consent to operate issued by the Pollution Control Board valid up to 31.01.2023, and Ext.P3 is the licence issued by the authority under the Food Safety and Standards Act, 2006. Therefore, according to the petitioner, the unit is being carried on with necessary licences.

(3.) However, due to personal animosity between the neighbour, i.e., the 3rd respondent and the petitioner, 3 rd respondent started to create one or other hindrances to the petitioner. He has earlier filed a writ petition before this Court, demanding action by the 1st respondent to close down the unit, in which, 1st respondent has filed Ext.P4 counter affidavit, stating that, petitioner has not caused any nuisance. Later, the writ petition was disposed of, as per Ext.P5, directing the 1st respondent to visit the site after giving due notice and verify if the petitioner is running the unit with statutory compliances and if any violation is observed, to issue notice to the petitioner and abate the same.