AHAMMED KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in the first among the captioned matters is referred to as the 'operator' and the petitioners in the latter, the 'objectors'.

(2.) The operator, who, even according to the objectors, has a saw mill, later applied for consent to install machinery with motor capacity of 84 HP to run a pealing and plywood manufacturing unit in addition to the existing saw mill and furniture unit. The Panchayat refused it as per decision dated 17.12.2008. The operator appealed against that decision to the Tribunal for Local Self Government Institutions. That was allowed on 20.3.2009, setting aside the decision of the Panchayat and directing the Panchayat to pass fresh proper orders, as per law, by strictly following the procedure prescribed by S.233 of the Kerala Panchayat Raj Act, hereinafter referred to as the 'KPR Act', for short.

(3.) The objectors and other local residents had, by that time, placed objections to the grant of licence. The said objections were carried to the different authorities. Ultimately, the Panchayat again decided to refuse permit for the additional installation by resolution dated 15.5.2009. The operator moved the Green Channel Clearance Committee. The said appeal was allowed directing the Grama Panchayat to set aside its decision dated 15.5.2009 and to issue installation permit to the operator within 7 days since the clearance/NOC of the Pollution Control Board, Fire Safety Department and Factories and Boilers Department have already been produced. The Panchayat was further directed to grant permission for operation as and when NOC from the Forest Department is produced. This decision was issued by the Green Channel Clearance Committee on 23.6.2009. The objectors challenge that decision and the operator seeks its enforcement.