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1997 Supreme(Ker) 39

J.B.KOSHY
M. R. Pillai – Appellant
Versus
Executive Officer, Pathiyoor Panchayat, Kayamkulam – Respondent


Advocates:
L. Mohanan, for Petitioner; Pirappancode V. S. Nair, (for No., 1), N. N. Sugunupalan, (for No.4) and B. Sureshkumar (for No. 5) for Respondents.

ORDER :-

This Original Petition is filed for the issuance of a writ of mandamus or other appropriate direction commanding the respondents to close down the fifth respondent cashew processing factory as according to the petitioner it creates pollution. According to the petitioner he is a very old aged, Chronic Asthma patient and he is living within 200 meters of the factory. It is also contended that no licence as contemplated under the Kerala Panchyat (Licensing of Dangerous and Offensive Trades and Factories) Rules 1963 was obtained before starting the factory as can be seen from Ext. P. 2. Rule 3 of the Rules enjoins power of the Government to specify in schedule I of these rules the purpose and in their opinion are likely to be offensive or dangerous to human life or health or property. Item 16 in the schedule reads :

"16. Cashew nuts : Storing, Packing, Preparing or Manufacturing by any process whatever."

Rule 12 deals with the application to be made for construction, establishment or installation of factory workshop or work place in which steam or other power is to be employed. Sub-rule 12 (1) deals as to how the application is to be made. Sub-rule 2 deals with t



































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