K. BALAKRISHNAN Vs. THIRUVALLUR GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner has approached this Court impugning Ext.P14-Stop Memo issued by the Secretary of the Thiruvallur Grama Panchayat, asking him to stop his activity of storing, stocking and selling minor minerals from his premises, without first obtaining the necessary Consent to Operate from the Pollution Control Board and the Trade Licence from the Panchayat.

(2.) The petitioner says that Ext.P14 is untenable and illegal, since the petitioner is carrying on his activity based on Ext.P1 Certificate of Registration under the Kerala Minerals (Prevention and Illegal Mining Storage and Transportation) Rules 2015, as also Ext.P2 Dealers Licence, issued by the District Geologist under the provisions of the afore mentioned Rules. The petitioner says that, therefore, Ext.P14 cannot be allowed to operate and prays that the same be set aside.

(3.) In response, the learned Standing Counsel for the Pollution Control Board- Shri.T.Naveen,affirms that the petitioner's application for Consent to Operate has not been yet allowed; and that, in fact, the same has been returned to the petitioner for curing certain defects. He says that if the petitioner complies with all the directions of the Pollution Control Board and approaches the Board appropriately, his application for Consent to Operate can be issued at the earliest. He prays that no further orders may be issued against the Board as of now.