KOUSIC AND CO Vs. DISTRICT COLLECTOR ERODE

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order of the 2nd respondent dated 16.08.2011 and the order of the 3rd respondent dated 15.08.2010 and order dated 02.05.2011 communicating the resolution dated 10.01.2011 and forbearing the respondents herein from in any manner interfering with the running of thar manufacturing unit by the petitioner in Survey Nos.291/9, 291/10 and 291/11 of Anjur Village, Erode District by issuing necessary running licence.

(2.) ACCORDING to the petitioner, the petitioner is a partnership concern dealing with blue metal and bitumen used for laying roads. The petitioner purchased the land from the 4th respondent and 6 others vide sale deed dated 09.07.2008 to an extent of 1 acre and 52 cents for the purpose of establishing thar mixing unit in the said land. It is stated in the affidavit that the said land is located in a remote area away from the residential limits of village and is near to the licensed blue metal quarry which is situated about 50 meters away from the petitioner site.

(3.) IN the affidavit filed in support of the petition, it is also stated that the petitioner has applied before the authorities for obtaining necessary permits, licences and no objection certificate for the effective and smooth functioning of the petitioner concern. The Village Panchayat passed a Resolution to remove the machinery used in the mixing process, by Resolution No.33 dated 15.08.2010, stating that the petitioner concern is an industrial establishment obtained the consent from the Pollution Control Board and the same is renewed periodically and also obtained No Objection Certificate from the Public Health Department, by order dated 24.02.2011. The petitioner claims that it has also obtained approved plan from the Town and Country Planning Department on 14.07.2011 after obtaining the land classification certificate from the Director of Town and Country Planning on 22.06.2010 certifying that the land is a non classified land. Fire Service Department granted its consent on 16.11.2010. The objection of the third respondent is that without getting Licence/Permission from the Panchayat, the petitioner unit was established and the same is in violation of the provisions of Tamil Nadu Panchayats Act, 1994 and the petitioner is liable to pay fine. Even though, in the affidavit filed in support of this writ petition, the petitioner has averred that the application for permission was submitted, no date of submission of application is mentioned.