WP(C) NO. 16781 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 16781 OF 2022
PETITIONER/S:
K.ANEESH KUMAR
AGED 59 YEARS, S/O MADHAVAN NAMBIAR, RESIDING AT
MADHAVA NIVAS, VELLARVALLY THALASSERY TALUK, KANNUR
670 673
BY ADVS.
ALEX.M.SCARIA
A.J.RIYAS
SARITHA THOMAS
ALEN J. CHERUVIL
JOHNSON JOSEPH
RESPONDENT/S:
THE SECRETARY
MALOOR GRAMA PANCHAYATH, MALOOR P.O., KANNUR 670702
BY ADV SHRI.K.P.HARISH, SC, MALUR GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16781 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.16781 of 2022
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Dated this the 7th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers : "i. Issue a writ of mandamus, other writ order or direction to the respondent to extent Ext P8 for a total period of 5 years as prayed for in Ext P7 from the date of Ext P8 licence;
and ii. Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." [SIC]
2. The petitioner is having all statutory clearances for his quarry covered by Ext. P2 environment clearance. As per Ext.P7, it was sought to renew the Panchayat licence for 5 years. Even though the renewal was allowed, the period of licence is limited only up to 25.7.2022, whereas as per the statute, it has to be extended for a period of 5 years. Hence, this writ petition is filed.
WP(C) NO. 16781 OF 2022 3
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent - Panchayat.
4. The counsel for the respondent submitted that the Panchayat Secretary has not considered the application of the petitioner because the consent of the co-owners were submitted in white papers. The Panchayat Secretary shall not go behind technical grounds in these type of matters. The counsel for the petitioner submitted that the point raised by the petitioner is covered in favour of the petitioner in Exts.P20 order and P21 judgment of this Court. It will be beneficial to extract the relevant portion of the order in Ext.P20.
"4. It is to be noted that proviso to Rule 8 of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996 the period of licence in respect of industrial establishment is fixed as five years. Therefore, the Panchayat is bound to give licence for a period of five years. However, the petitioner can operate upto five years, only if the petitioner is having valid Environment Clearance, consent from the Kerala State Pollution Control Board etc. for the entire period of five years. Accordingly, the Panchayat is directed to extend the period of validity of licence, for a period of five years.
6. The learned counsel for the Panchayat submits that as the Director of Panchayats had issued a circular stating that the validity of the licence has to be coterminous with the WP(C) NO. 16781 OF 2022 4 permit, consent etc. issued by the other competent authority, I am of the view that the validity of the licence shall be in accordance with the proviso to Rule 8 of the Rules. If the consent or permit issued to the applicant expires before the expiry of five years, it is open for the Panchayat to cancel and revoke the licence."
5. In the light of the same, I think the prayers in the writ petition are to be allowed.
Therefore, this writ petition is allowed in the following manner :
1) There will be a direction to the respondent to extend Ext.P8 for a total period of 5 years as prayed for in Ext.P7 from the date of Ext.P8 licence.
2) The above exercise should be completed by the respondent as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 16781 OF 2022 5 APPENDIX OF WP(C) 16781/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF INTENT DATED 21.8.2017 BEARING NO.DOC/M-1832/2017 ISSUED BY THE DISTRICT GEOLOGIST, KANNUR Exhibit P2 TRUE RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE DATED 5.1.2018 BEARING NO. 153/KNR/2017/DEIAA Exhibit P3 TRUE COPY OF THE D AND O LICENCE DATED 8.3.2018 BEARING NO.232/2018 FROM THE MALOOR GRAMA PANCHAYATH Exhibit P4 TRUE COPY OF THE D AND O LICENCE NO.71/2018-19 DATED 7.5.2018 ISSUED BY THE RESPONDENT Exhibit P5 TRUE COPY OF THE D & O LICENCE BEARING NO.15/2019-20 DATED 16.4.2019 ISSUED BY THE RESPONDENT Exhibit P6 TRUE COPY OF THE LICENCE DATED 27.8.2020 BEARING NO.122/2020-2021/B3/3394 ISSUED BY THE RESPONDENT.
Exhibit P7 TRUE COPY OF THE APPLICATION DATED 21/02/2022 SUBMITTED BY THE PETITIONER TO THE MALOOR GRAMA PANCHAYATH.
Exhibit P8 TRUE COPY OF THE LICENSE BEARING NO.66/2022-2023/B.3/869 DATED 01/04/2022 ISSUED BY THE RESPONDENT.
EXT.P9 TRUE COPY OF THE EXPLOSVIE LICENCE BEARING NO.E/SC/KL/22/1487 (E53904) DATED 3.2.2022 EXT.P10 TRUE COPY OF THE RENEWED CONSENT DATED 3.8.2020 BEARING NO.PCB/KNR/ICE/1637/2014 WP(C) NO. 16781 OF 2022 6 VALID UP TO 24.6.2025 EXT.P11 TRUE COPY OF THE MINING PERMIT BEARING NO.
04/2018-19/MM/GS/OS/DOC/M-1832/17 DATED 16.5.2018 EXT.P12 TRUE COPY OF THE MINING PERMIT BEARING NO.
13/2018-19/MM/GS/OS/DOC/M-3695/18 DATED 12.9.2018 EXT.P13 TRUE COPY OF THE MINING PERMIT BEARING NO.
18/2018-19/MM/GS/OS/DOC/M-4897/18 DATED 12.12.2018 EXT.P14 TRUE COPY OF THE MINING PERMIT BEARING NO.
04/2019-20/MM/GS/OS/DOC/M-1049/19 DATED 15.05.2019 EXT.P15 TRUE COPY OF THE MINING PERMIT BEARING NO.
17/2019-20/MM/GS/OS/DOC/M-2752/19 DATED 25.11.2019 EXT.P16 TRUE COPY OF THE JUDGMENT IN WPC NO.
20671/2020 DATED 3.11.2021 EXT.P17 TRUE COPY OF THE MINING PERMIT BEARING NO.
15/2021-22/MM/GS/OS/DOC/M-889/2020 DATED 24.12.2021 EXT.P18 TRUE COPY OF THE DECISION IN SUDHAKARAN V.THIRUVANANTHAPURAM CORPORATION (2016 AIR (SC) 3180) DATED 5.7.2016 EXT.P19 TRUE COPY OF THE JUDGMENT IN WPC NO.
29466/2021 DATED 4.4.2022 PASSED BY THE HONOURABLE HIGH COURT OF KERALA EXT.P20 TRUE COPY OF THE INTERIM ORDER DATED 4.12.2020 IN WPC NO 35742/2019 EXT.P21 TRUE COPY OF THE JUDGMENT DATED 21.12.2020 IN WPC 35742/2019 EXT.P22 TRUE COPY OF THE JUDGMENT DATED 21.6.2016 WP(C) NO. 16781 OF 2022 7 IN WA NO 564/2016 EXT.P23 TRUE COPY OF THE CONSENT EXTENSION DATED 16.5.2022 GIVEN BY SRI.PRABHAKARAN EXT.P24 TRUE COPY OF THE CONSENT EXTENSION DATED 16.5.2022 GIVEN BY SRI.VINODAN EXT.P25 TRUE COPY OF THE JUDGMENT DATED 19.9.2016 IN WPC NO 18315/2018 RESPONDENT'S EXHIBITS : NIL