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2016 Supreme(Online)(Ker) 25162

IN THE HIGH COURT OF KERALA
K. VINOD CHANDRAN, J
Joseph M. T. and Others v. Mukkom Municipality and Others


1. Both the writ petitions are concerned with the establishment of an M - sand unit with facilities for crushing metal, as sought to be established by the petitioner in W.P.(C) No.25914/2016, who is the 5th respondent in W.P.(C) No.3147/2015, which is filed by four persons who asserted in the writ petition that they are residing within 200 meters of the proposed industry of the 5th respondent. W.P.(C) No.3147/2016 having been filed first, the parties will be referred to from their status in the said writ petition and so would the documents, unless otherwise specified.

2. There is also a serious objection raised by the 5th respondent with respect to the locus standi of the petitioners, who are said to reside outside the prohibited distance of 100 meters. This Court had, by order dated 06.10.2016, based on the exhibits produced by the 5th respondent as Exts.R(h) to R5(k), directed the petitioners to file separate affidavits answering the allegation of their residences being outside the prohibited distance. Separate affidavits have been filed and the same projects very disturbing issues, which will be dealt with later.

3. The petitioners in W.P.(C) No.3147/2016 contended that they were

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