J U D G M E N T

A long history of litigation is revealed from the records in the above cases agitated by the petitioners in the above writ petitions. W.P.(C) No.33608/2011 is filed by the Proprietor of a rice and flour mill. W.P.(C) No.1819/2012 is filed by a nearby resident, who objects to the carrying on of the mill, specifically the manufacture of chilly powder. The parties are referred to as the Proprietor and the Objector. The documents are referred to from W.P.(C) No 33608/2011.

2. The Proprietor asserts that a rice and flour mill was carried on in his residential property right from 1978 by his father and then continued by himself.

The activity was also carried on with license from the Panchayat. The Objector, as early as in the year 1997, raised an objection with respect to the manufacture of chilly powder in the Unit for reason of hazardous pollution and nuisance being caused. The Proprietor filed an Original Petition which was disposed of by Ext.P2 dated 04.11.1997. A learned Single Judge of this Court found that the activity was carried on with license from the Panchayat from 1978 onwards, but, however, the license was confined to milling paddy and powdering grains. The ac