JUDGMENT

W.P(C) No.11462/2023 is filed by the petitioners claiming to be the residents in the third respondent Panchayat who challenged the attempt of the fifth respondent to establish an M-sand unit in their neighbourhood, in total violation of the Rules and Regulations applicable. W.P(C) No.12993/2023 is filed by the fifth respondent in the connected writ petition challenging Ext.P14 stop memo issued by the Panchayat, dated 03.04.2023.

2. Earlier, the petitioners had filed W.P(C) Nos. 22117/2018 and 35055/2016 alleging that the fifth respondent sought to establish the industry without obtaining permission under Section 233 of the Kerala Panchayat Raj Act , 1994. and in the said process, a hill having a height of 50 metres was removed, which seriously affected the nearby water resources causing serious ecological problems. This Court, by common judgment dated 12.02.2019, in the above cases held that the fifth respondent had obtained a building permit for a commercial building and not for industrial occupancy and, therefore, the question of establishment permit under Section 233 of the would not come into play unless a category change was allowed by the Panchayat on the applicat