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2018 Supreme(Ker) 152

A.K.JAYASANKARAN NAMBIAR
Joice Joseph – Appellant
Versus
Ayarkunnam Grama Panchayath Panchayath Office, Ayarkunnam P. O. – Respondent


Advocates Appeared:
For the Petitioner: Sri. Rajan Vishnuraj Sri. Harish Vasudevan
For the Respondents: Sri. Sebastian Thomas, SC, Ayarkunnam Grama Panchayat, Dilip S, Government Pleader, Sri. T.Naveen SC, Kerala State Pollution Control Board, Sri. Abraham Vakkanal (Sr.), Sri. Dijo Sebastian, Smt. Vineetha Susan Thomas

JUDGMENT :

As the issue involved in both these writ petitions is similar, they are taken up for consideration together and disposed by this common judgment.

2. The petitioners in both these writ petitions are residents in Ward No.20 of Ayarkunnam Grama Panchayat in Kottayam District, where, the 6th respondent has taken steps to establish an M-Sand unit installing a Vertical Shaft Impactor Machine in the property owned by him and comprised in Sy. Nos. 209/8, 209/8-1 and 215/1 of Ayarkunnam Village. In the writ petition, it is the case of the petitioners that the 6th respondent has taken steps to establish the M-Sand unit without obtaining the necessary permission under Section 233 of the Kerala Panchayat Raj Act, 1994, for establishing the unit in question, and further, that the petitioners had, without obtaining the said permission under Section 233, proceeded to obtain a building permit from the respondent Panchayat, and thereafter a Dangerous and Offensive license [D&O license] for conducting the M-Sand unit. In the writ petition, the building permit as well as the D & O license granted to the 6th respondent are impugned, as are the Resolutions of the respondent Panchayat which ent






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