A.M. SHAFFIQUE, J.

1. WP(C) No. 37718/15 has been filed seeking police protection alleging that respondents 9, 10 and their men are obstructing the petitioner from operating the hot mix plant erected by them for road work of National Highway from Kollam High School Junction to Kadapuzha bridge. According to the petitioner, they have set up the hot mix plant in an extent of 1.50 acres of land which was taken on lease by the petitioner and situated in Pallickal Village. The Pollution Control Board had issued consent to establish the hot mix plant on certain conditions and when attempts were made to establish the same, obstruction was created. In the meantime, the 5th respondent Panchayat issued a stop memo which was stayed by the Tribunal for Local Self Government Institutions as per order dated 7/12/2015 in Appeal No.1052/2015. It is stated that the District Collector had permitted operation of the hot mix plant and despite the complaint being filed before the police seeking police protection for operating the hot mix plant, no action has been taken in the matter and hence the writ petition is filed.

2. Writ Appeal No.274/2016 has been filed by the 1st respondent in WP(C) No. 2387/16 challenging interim order dated 5/2/2016. This writ petition was filed during the pendency of WP (C) No. 37718/2015.

3. During the pendency of WP(C) No. 37718/2015, an interim order was passed on 15/12/2015 directing the 8th respondent to ensure that no obstruction is created by respondents 9 and 10 in running the temporary hot mix plant by the petitioner and for transporting materials. While passing the interim order, we have also taken note of the fact that consent has been obtained from the Pollution Control Board for operating the plant. A further interim order was passed on 18/1/2016 when allegation was made that despite the earlier interim order, obstruction still continues and sufficient police force was not available.

4. While the above writ petition was pending, two private parties filed WP(C) No. 2387/2016 seeking to quash Ext.P4 and for a declaration that installation of the aforesaid hot mixing plant requires permission from the Panchayat under Section 233 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the Act), for a direction to the 1st respondent to permit operation of the hot mixing plant only after obtaining consent to operate from the Pollution Control Board and other consequential reliefs were also sought for. The petitioners claimed that the hot mixing plant is situated in a thickly constructed area and is causing substantial pollution and that no permission was obtained from the Panchayat under Section 233 of the Act. It is also alleged that though they obtained a consent to establish, consent to operate had not been obtained. The plant is located in a thickly populated area near a natural stream and an Anganvady.

5. In the writ petition, counter affidavit is filed on behalf of the 1st respondent, who is the petitioner in WP(C) No. 37718/15 inter-alia contending that they have obtained consent to operate from the Pollution Control Board and no permission from the Panchayat is required in the matter. It is stated that though a stop memo was issued by the Panchayat, the same has been stayed by the Tribunal, which order is extended until further orders as per order dated 22/12/2015. They also claimed exemption in terms of Section 233 B(d) of the Act and contended that it is a portable machine akin to concrete mixers used for construction activity and does not require permission from the local authority. The respondent also contended that the petitioners are not residing in the nearby locality. According to them, the operation of the mixing unit is as per the norms stipulated by the Pollution Control Board and there is no pollution at all, as there is no effluent being generated while using the hot mixing plant.

6. Petitioners filed a reply affidavit controverting the above stand and contended that the hot mi