Dama Seshadri Naidu, J.

Introduction:

1. A person gets the permissions from the civic authorities to establish an industry. While he is proceeding with his work, the public protest. The civil body turns hostile, and litigation ensues. Despite the pending judicial proceedings, the permits and licences still survive. Yet the public protests seem to continue unabated. Should the pending litigation and the public protests act as an automatic deterrent, preventing the permit holder from proceeding further?

The Controversy:

2. The petitioners, the two Someni brothers, obtained a building permit and a development permit to establish an industrial unit--Moonlight Premium Sands (M-Sand manufacturing)--at Navayikulam village. They obtained all the statutory permits and licences: Ext. 2 building permit; Ext. P3 development permit to construct internal roads; Ext. P4 no objection certificate (NOC) from the Fire and Rescue Services; Ext. P5 NOC from the District Medical Officer (Health); Ext. P6 permit from the Factories and Boilers Dept., Kollam; and Ext. P7 'consent to establish' issued by the State Pollution Control Board.

3. While the Somenis, as the Directors of Moonlight Premium Sands