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1999 Supreme(Ker) 26

P.SHANMUGAM
Shanti Joseph – Appellant
Versus
Poyya Grama Panchayath – Respondent


Judgment :-

P. Shanmugam, J.

The petitioner is an unemployed under graduate who has set up a small scale industrial unit to manufacture bone meal. He applied for a permission before the Panchayath on 22.4.1998 for establishment and installation of the factory. Petitioner has also in furtherance of his establishment applied and obtained the following certificates:

1) Apian approved by the Assistant Executive Engineer, Kerala Water Authority (Ext. P1) stating that the nearest residential building is located more than 192 Mtrs. away from the proposed building.

2) The Electricity Board allocation for 35 HP industrial unit dated 29.11.1997.

3) No objection certificate from the Kerala State Pollution Control Board to set up industry for production of 55 t/month bone meal and bone chips subject to 10 conditions set out thereunder.

However, the Panchayath has decided to reject the application and the said decision was communicated by Ext. P3 dated 2.5.1998. Petitioner preferred an appeal before the Green Channel Committee. The Committee by order dated 19.5.1998 decided to issue clearance to the unit. By Ext. P6 dated 22.6.1998 the General Manager, District Industries requested the Panchayath t














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