JUDGMENT : The issues arising for consideration in these matters being closely interlinked, they are disposed of by this common judgment. The parties and documents are referred to in the judgment, unless otherwise mentioned, as they appear in W.P. (C) No.10381 of 2020. 2. The petitioner is a firm engaged in executing road works on contract basis. They own a portable Hot Mix Plant. For the purpose of installing the same on a land within the limits of the first respondent Panchayat, the petitioner obtained Ext.P2 consent from the State Pollution Control Board. It is stated by the petitioner that though licence of the Panchayat is not required for establishing and operating a portable hot mix plant, by way of abundant caution, they preferred Ext.P3 application for licence before the panchayat on 7.3.2020 in terms of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996 (the Rules) framed under the Kerala Panchayat Raj Act, 1994 (the Act). The said application was rejected by the Committee of the Panchayat as per Ext.P11 decision, stating among others, that the petitioner has not obtained permission of the Panchayat under Section 233 of the Act for the purpose of installing the hot mix plant and that the operation of the hot mix plant would cause health issues to the people in the locality. The writ petition is instituted challenging Ext.P11 decision of the Committee of the Panchayat. The petitioner also seeks a declaration that they have obtained deemed licence under Rule 12(3)(c) of the Rules. 3. W.P.(C) No.17920 of 2020 was instituted by the petitioner thereafter, alleging that they have obtained Acknowledgement Certificate on 11.05.2020, in terms of the provisions of the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019. The prayer in the said writ petition is for a declaration that the petitioner is not required to obtain any permission/licence from the Panchayat for the purpose of establishing and operating the portable hot mix plant, in the light of the Acknowledgement Certificate. In W.P.(C) No.17920 of 2020, the petitioner also seeks directions to the Panchayat and its President to refrain from interfering with the operation of the hot mix plant. 4. In W.P.(C) No.17920 of 2020, the petitioner also seeks directions to the Panchayat and its President to refrain from interfering with the operation of the hot mix plant. 4. A counter affidavit has been filed by the Panchayat in W.P.(C) No.10381 of 2020 stating, among others, that the petitioner intends to install a huge hot mix plant permanently in the property referred to in the writ petition; that the petitioner needs to obtain permission of the Panchayat under Section 233 of the Act for the said purpose; that the petitioner has not filed application for licence in the form prescribed under the Rules; that the application referred to by the petitioner in the writ petition is one preferred by them on a white paper; that the said application was not accompanied by the requisite documents including documents to prove the ownership of the land; that in so far as the application preferred by the petitioner for licence was defective, the petitioner is not entitled, at any rate, the benefit of the deemed licence in terms of the provisions of the Rules. A reply affidavit has been filed by the petitioner to the said counter affidavit stating that the petitioner does not intend to have the hot mix plant permanently at the place proposed by them and the same would be relocated depending on the works of the petitioner. It is also stated by the petitioner in the reply affidavit that the petitioner does not intend to put up any construction in the site and the hot mix plant would be fixed at the site using nuts and bolts. A person residing near the site of the hot mix plant, who got himself impleaded as the additional seventh respondent in W.P.(C) No.10381 of 2020 has filed a counter affidavit supporting the stand taken by the Panchayat and stating, in addition, that the hot mix plant is likely to cause health issues to the people residing in the neighbourhood. 5. A person residing near the site of the hot mix plant, who got himself impleaded as the additional seventh respondent in W.P.(C) No.10381 of 2020 has filed a counter affidavit supporting the stand taken by the Panchayat and stating, in addition, that the hot mix plant is likely to cause health issues to the people residing in the neighbourhood. 5. A similar counter affidavit has been filed by the Panchayat in W.P.(C) No.17920 of 2020 stating, among others, that the petitioner is required to obtain building permit under the Kerala Panchayat Building Rules, 2019 for the purpose of installing the hot mix plant and the Acknowledgement Certificate obtained by the petitioner under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 would not absolve the petitioner from the obligation to obtain building permit under the said Rules. Respondents 10 and 15 in the said writ petition who claim that they are residing in the neighbourhood of the site, filed a counter affidavit, supporting the stand of the Panchayat and contending that a hot mix plant which is to be installed on a foundation is liable to be treated as a 'building' in terms of the Kerala Panchayat Building Rules, 2019 and the petitioner is, therefore, not only obliged to obtain building permit for installation of the hot mix plant, but also lay out approval from the Chief Town Planner for the purpose of obtaining the building permit. 6. Heard the learned counsel for the petitioner as also the learned counsel for the contesting respondents. 7. Placing reliance on the decision of the Division Bench in Janardhanan Nair v. Vijayamma, 2016(2) KLT 735 , the learned counsel for the petitioner contended that permission of the Panchayat under Section 233 of the Act is not required for establishing a portable hot mix plant. It was also contended by the learned counsel that in so far as the application preferred by the petitioner for licence under the Rules is not acted upon by the competent authority of the Panchayat, the petitioner is deemed to have been issued the licence sought for by them as per Rule 12(3)(c) of the Rules. It was also contended by the learned counsel that in so far as the application preferred by the petitioner for licence under the Rules is not acted upon by the competent authority of the Panchayat, the petitioner is deemed to have been issued the licence sought for by them as per Rule 12(3)(c) of the Rules. Alternatively, it was argued that in the light of the Acknowledgement Certificate obtained by the petitioner under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019, it is unnecessary for the petitioner to obtain permission from the panchayat for the purpose of establishing and operating the hot mix plant. 8. Per contra, the learned counsel for the Panchayat reiterated the stand taken by the Panchayat in the counter affidavits filed in the matters. 9. The learned counsel for the seventh respondent in W.P.(C) No.10381 of 2020 and respondents 10 and 15 in W.P.(C) No.17920 of 2020 contended that the hot mix plant proposed to be installed by the petitioner is not a portable one; that the same is one that needs to be installed on the land after making concrete footings; that such structures would fall within the definition of 'building' contained in Rule 2(1)(n) of the Kerala Panchayat Building Rules, 2019 and that the petitioner is, therefore, obliged to obtain building permit for the said purpose. Placing reliance on the decision of the Division Bench of this court in Jilmon John v. Manakad Grama Panchayath, 2017(1) KLT 794 , it was also contended by the learned counsel that building permit for such units can be issued only after obtaining lay out approval from the Town Planning Department of the State Government in terms of the provisions contained in the Kerala Panchayat Building Rules, 2019. Placing reliance on the Full Bench decision of this court in Abdul Kharim and Another v. Pazhayakunummel Grama Panchayath and Another, 2018(5) KHC 643 , the learned counsel contended that in so far as the application preferred by the petitioner for licence was not one preferred in the form prescribed for the purpose and since the application was defective in as much as the documents required to be accompanied along with the application have not been furnished by the petitioner, they are not entitled to the benefit of deemed licence provided for under the Rules. 10. 10. I have considered the contentions advanced by the learned counsel for the parties on either side. 11. In Janardhanan Nair, a Division Bench of this court held that a portable hot mix plant is a manufacturing plant that would fall under Section 233B of the Act and therefore, for installing the same, permission of the Panchayat under Section 233 is not required. It was also held that the manufacturing of hot mix would not fall under any of the Entries in Schedule I of the Rules including Entry No.117 prescribed under Section 232 of the Act and therefore, licence under the Rules is also not required for operating a portable hot mix plant. It was also held in the said case that when a hot mix plant is operated on the strength of the consent issued by the Pollution Control Board, after complying with the conditions stipulated therein, it cannot be contended that the operation of the hot mix plant would cause pollution. 12. The specific case of the petitioner is that the hot mix plant proposed to be installed by them at the site is a portable one and they do not intend to have the same permanently at the site referred to in the writ petition. It is also pleaded by the petitioner that they do not intend to put up any structure in the site for the purpose of installing the hot mix plant and that the hot mix plant would be fixed using nuts and bolts. Further, neither the Panchayat nor the contesting respondents have a case that the hot mix plant of the petitioner is not a portable one. In Janardhanan Nair, it was held by the Division Bench that though the word 'portable' would mean in normal parlance some thing that could be easily carried, the word 'portable' used in Section 233B(d) of the Act has to be given a wider perspective to cover machineries used for construction purposes. It is taking the said view that it was held by the Division Bench that though concrete mixtures and hot mix plants of different dimensions are not easily carriable, in so far as they are installed normally for temporary purposes in connection with road constructions, they shall be treated as portable for the purpose of the provisions contained in the Act. If that be so, the petitioner is not required to obtain permission under Section 233 of the Act or licence under Section 232 of the Act. It is seen, however, that the State Pollution Control Board has issued a circular on 1.10.2015 prescribing the norms for granting consent for establishing and operating temporary/permanent hot mix plants in the State. It is, therefore, to be clarified that the petitioner needs to comply with the conditions stipulated in the said circular for the purpose of operating the hot mix plant. 13. True, in Jilmon John, another Division Bench of this court has held in the context of installation of a hot mix plant that the installation of the hot mix plant in that case being one of permanent nature, the contention of the appellant therein that the hot mix plant would fall within the scope of Section 233B of the Act cannot be accepted, indicating that in such a case, the permission of the Panchayat under Section 233 of the Act is required to be obtained. This court has also taken the view in the said case that the appellant therein was obliged to obtain building permit in terms of the relevant Building Rules for the purpose of installing the hot mix plant. Jilmon John is a judgment rendered after referring to the judgment in Janardhanan Nair. In Jilmon John, this Court has not made any reservation as regards the propositions laid down in Janardhanan Nair.A close reading of the judgment in Jilmon John on the aforesaid premise would reveal that the propositions referred to above have been laid down in the said case, as the specific case of the appellant therein was that he intends to install the hot mix plant as a permanent one and that he has constructed permanent structures for the same investing about Rs.75,00,000/-. As indicated above, in the case on hand, the specific case of the petitioner is that they intends to install the hot mix plant for a short period and no permanent constructions are made by them for the said purpose. That apart, it is the specific case of the petitioner that the hot mix plant proposed by the petitioner would be installed at the site using nuts and bolts. The propositions in Jilmon John, in the circumstances, cannot be applied to the case on hand. 14. That apart, it is the specific case of the petitioner that the hot mix plant proposed by the petitioner would be installed at the site using nuts and bolts. The propositions in Jilmon John, in the circumstances, cannot be applied to the case on hand. 14. The learned counsel for the contesting respondents pointed out that it is not possible to install a hot mix plant on nuts and bolts, and in order to install the hot mix plant using nuts and bolts, concrete footings are to be made and that the petitioner intends to make concrete footings for installation of the hot mix plant. It was argued by the learned counsel therefore that the installation needs to be construed as a 'building' in terms of the Kerala Panchayat Building Rules, 2019. It is seen that in Janardhanan Nair, the hot mix plant referred to therein was one installed by driving steel piles into the soil to provide foundation for installing the hot mix plant temporarily. If the requirements under Section 232 and 233 of the Act need not be complied with in respect of hot mix plants installed on steel piles driven into the soil, according to me, compliance of the said statutory provisions cannot be insisted for installing a similar hot mix plant, merely for the reason that a few concrete footings are made for providing foundation for the hot mix plant. 'Building' has been defined in Rule 2(1)(n) of the Kerala Panchayat Building Rules, 2019 thus: 'building' means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used for human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures, tanks constructed or fixed for storage of chemicals in any form and for storage of water, effluent, swimming pool, ponds etc. As discernible from the extracted definition, any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof, including its foundation, would fall within the scope of 'building'. As discernible from the extracted definition, any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof, including its foundation, would fall within the scope of 'building'. The definition aforesaid cannot be understood to mean that a concrete footing made for the purpose of installing and operating a device for making concrete/hot mix for a temporary period would fall within the scope of 'building'. It is seen that hot mix plant being a plant used for manufacturing hot mix for the construction of roads, it is manufactured as a portable device. Of course, the same could be installed permanently at a place and operated as a factory after making necessary additional permanent structures. Except in such cases, according to me, compliance of the provisions of the Kerala Panchayat Building Rules, 2019 cannot be insisted. 15. The learned counsel for the contesting respondents also submitted that the hot mix plant proposed to be installed by the petitioner is a huge one and the same cannot be regarded at any rate, as a portable one. It is seen that in Janardhanan Nair, the learned Judges have dealt with this issue and held that the size of the machine is irrelevant in the context of determining the applicability of the provisions contained in Section 233B(d) of the Act. In the light of Jilmon John, according to me, what is to be seen is as to whether the machine is intended to be installed permanently for the purpose of determining the applicability of the provisions contained in Sections 232 and 233 of the Act. 16. Rule 68 of the Kerala Panchayat Building Rules, 2019 however, insists permission of the Secretary of the Panchayat for installing a temporary hot mix plant within the limits of the Panchayat. Rule 68 reads thus : 68. Temporary hut or shed.-(1) The Secretary may grant permission to a person to erect for a specified period or huts or sheds of a purely temporary nature for stabling or similar purposes or hot mix plant or concrete mix plant, on general conditions as may be fixed by the Council. Rule 68 reads thus : 68. Temporary hut or shed.-(1) The Secretary may grant permission to a person to erect for a specified period or huts or sheds of a purely temporary nature for stabling or similar purposes or hot mix plant or concrete mix plant, on general conditions as may be fixed by the Council. (2) The Secretary may, on the failure of the person to demolish or dismantle the shed or hut or hot mix plant or concrete mix plant at the expiry of the period specified, cause it to be demolished or dismantled and the cost thereof shall be recovered from such person as if it were an arrear of property tax due under the Act. (3) Application for permission to erect temporary hut or shed or hot mix pant or concrete mix plant shall be submitted in white paper typed or written in ink, affixed with necessary court fee stamp and accompanied by document to prove ownership or consent of the owner, if the land is not owned by the applicant. (4) The Secretary shall, if convinced of the ownership, issue permit with or without condition and specifying the period beyond which the hut or shed or hot mix plant or concrete mix plant shall not be retained. In the light of Rule 68 of the Kerala Panchayat Building Rules, 2019, before a hot mix plant is installed on a temporary measure, the permission of the Secretary of the Panchayat is to be obtained. The petitioner has admittedly not obtained the permission of the Secretary of the Panchayat. A reading of Rule 68 of the Kerala Panchayat Building Rules, 2019 indicates that the said power has to be exercised by the Secretary having regard to the general conditions fixed by the Committee of the Panchayat. The petitioner has admittedly not obtained the permission of the Secretary of the Panchayat. A reading of Rule 68 of the Kerala Panchayat Building Rules, 2019 indicates that the said power has to be exercised by the Secretary having regard to the general conditions fixed by the Committee of the Panchayat. Having regard to the propositions laid down by the Full Bench of this Court in Tomy Thomas v. State of Kerala, 2019(3) KLT 987 (F.B.), in so far as the petitioner has secured consent to establish the hot mix plant from the State Pollution Control Board, the only other requirement under law to be complied with by the petitioner in the matter of installing a portable hot mix plant, the Secretary of the Panchayat cannot refuse the permission under Rule 68 of the Kerala Panchayat Building Rules, 2019, but can only impose the general conditions prescribed by the Committee for the said purpose. 17. In so far as it is found that the petitioner is not required to obtain either licence under Section 232 of the Act or permission of the Committee of the Panchayat under Section 233 of the Act, for the purpose of installing and operating a hot mix plant, it is unnecessary to consider the question as to whether the petitioner has obtained deemed licence in terms of Rule 12(3)c) of the Rules. Similarly, on account of the very same reason, it is unnecessary to examine the correctness of Ext.P11 decision of the Panchayat and the contention of the petitioner that they are not required to obtain any licence or permission from the Panchayat in the light of the Acknowledgement Certificate obtained under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019. In the result, the writ petitions are disposed of permitting the petitioner to prefer an application for permission under Rule 68 of the Kerala Panchayat Building Rules, 2019 for installation of the hot mix plant. It is also directed that if the petitioner prefers an application for the said purpose within two weeks from the date of receipt of a copy of this judgment, the Secretary of the Panchayat shall grant the permission sought for by the petitioner subject to the conditions, if any, imposed by the Committee of the Panchayat in terms of sub rule (1) of Rule 68 of the Kerala Panchayat Building Rules, 2019. This shall be done within two weeks thereafter.