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2014 Supreme(Ker) 838

K.SURENDRA MOHAN
Sukumaran – Appellant
Versus
Padmalochanan – Respondent


Advocates Appeared:
For the Petitioner: N.N. Sugunapalan, Santhan V. Nair, S. Sujin
For the Respondent: Rajeev V. Kurup, S. Subhash Chand, M. Ajay, M.A. Abdul Shukoor

JUDGMENT :

K. Surendra Mohan, J.

The dispute in these cases centre around an industrial unit manufacturing Hollow bricks using cement. W.P(c) No. 22385 of 2012 and W.P(c) No. 16388 of 2013 are filed by the very same petitioner who is residing close to the industrial unit. According to the petitioner, the functioning of the unit causes both sound pollution as well as air pollution rendering the life of the petitioner and the other nearby residents, insufferable. He had been objecting to the grant of licence to the factory, from the very inception. However, the allegation is that, without considering his objections in the proper perspective and in gross violation of the provisions of law, licence has been granted by the Panchayat and consent to establish and operate the unit has been granted by the Kerala State Pollution Control Board. The petitioner filed W.P(c) No. 22385 of 2012 challenging the consent to establish Ext.P4, the consent to operate Ext.P10 and Ext.P12 decision of the Panchayat to renew the licence in respect of the unit.

2. W.P(c) No.1638 of 2013 is a Writ Petition filed by the very same petitioner through another counsel, during the pendency of the earlier Writ Petition
















































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