The petitioners, who are stated to be residents of Kuttikanam,

are aggrieved by Ext.P1 order passed by the 1^st respondent State

Government, granting exemption under Section 81 of the Kerala Land

Reforms Act (hereinafter referred to as 'the Act'), to 188 cents of land

comprised in a tea plantation in Sy.No.64/1 of Elappara Village, for

the establishment of a hot mix plant by the 6^th respondent. In the

Writ Petition, it is their case that Ext.P1 order, which ought to have

reflected an exercise of discretion by the State Government in public

interest, completely ignored the possibility of the neighbouring areas

being polluted on account of the operation of the hot mix plant. In

particular, it is stated that in the immediate proximity of the site

where the hot mix plant is proposed to be installed, there are

numerous educational institutions, hostels, hospitals and residential

houses, apart from tourists resorts and other buildings housing

entertainment facilities, and the pollution that could result from the

operation of the hot mix plant could have a deleterious effect on the

people of the locality since a hot mix plant is included in the category

of hazardous industries by the Expert Committee of the Pollution

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Control Board. It is also contended that emissions from such plants

comprise mainly of gasses, which are proven carcinogens. Reference

is made to the decision of the Supreme Court in M.C.Metha Vs.

Union of India [(1997) 3 SCC 715] to contend that in New Delhi,

the functioning of similar hot mix plants was held impermissible in

residential areas. The contention, in other words, is that the non-

application of mind by the State Government, to the relevant factors

that ought to have informed their decision with regard to grant of

exemption under Section 81 of the Act, is apparent from a reading of

Ext.P1 order.

2. Referring to the licence granted by the 5^th respondent

Panchayath, to the Hot Mix Plant installed by the 6^th respondent, it is

contended that the said licence/permit was issued solely on the basis

of Ext.P1 exemption that was granted in respect of the land in

question. The provisions of the Panchayat Raj Act are referred, to

suggest that the procedure contemplated under Sections 232 and 233

of the Act were not followed by the Panchayat authorities while

granting permission to the 6^th respondent for setting up the hot mix

plant or, for that matter, while granting the Dangerous and Offensive

(D & O) licence for the operation of the said plant. Ext.P1 order of the

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State Government granting the exemption under the KLR Act, as well

as Ext.P4 resolution of the Panchayat granting permission to the 6^th

respondent for operating the hot mix plant, are impugned in this Writ

Petition.

3. A counter affidavit has been filed on behalf of the 6^th

respondent, wherein details are given of the correspondence entered

into between the said respondent and the State Government, in

connection with the request for providing suitable land for setting up

the hot mix plant. The averments in the affidavit reveal that the 6^th

respondent had been awarded a contract for strengthening of the

National Highway for the stretch from KM 185/500 to KM 215/480

including KM 205/180 to KM 210/900 of NH 183 (Old NH 220) in the

State of Kerala. The award of contract was by the Public Works

Department and it was pursuant to an invitation for National

Competitive Bidding at the instance of the National Highway

authorities. Consequent to the award of the contract, the 6^th

respondent took steps to order the machinery required for setting up

the hot mix plant. A perusal of Ext.R6(2) indicates that the machinery

ordered was such as would ensure that there was minimum pollution

resulting from the operation of the plant, inasmuch as the machinery

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itself came equipped with a pollution control unit that would ensure

that the emissions, if any, adhered to international standards.

Ext.R6(3) flow chart is pro