WP(C) NO. 16216 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 16216 OF 2022
PETITIONER/S:
ENDEAVOUR SAND
ARAPPARA, KARAKURUSSI POST, MANNARKKAD, PALAKKAD-678
595, REPRESENTED BY ITS MANAGING PARTNER
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
NEENU BERNATH
RESPONDENT/S:
1 THE SECRETARY
KARAKURUSSI GRAMA PANCHAYAT, VAZHAMPURAM P.O.,
PALAKKAD-678 595
*2 TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTINOS,
THIRUVANANTHAPURAM
(*IS SUO MOTU IMPLEADED AS THE ADDL.2ND RESPONDENT
IN THIS WRIT PETITION AS PER ORDER DATED 1.6.2022)
BY ADV C.M.NAZAR,R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16216 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 16216 of 2022
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Dated this the 1st day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "1. Issue a Writ of Certiorari or such other writ or order or direction similar to writ of certiorari, quashing Ext.P11 and Ext.P12.
2. Issue a writ of Mandamus or any other writ, order or direction directing the 1st respondent to issue the license to the petitioner with respect to his M Sand unit, in terms of GO(P) No. 156/2021 read with the proviso to Rule 6 of Rules, 1996, forthwith.
3. To grant such other reliefs as this hon'ble court may deem just and fit in the circumstances of the case."[SIC]
2. The petitioner is a firm engaged in the business of crushing and manufacturing of granite aggregates. The petitioner submitted an application for license to conduct M Sand unit under Sec. 232 of the Kerala Panchayat Raj Act, 1994 before the respondent along with other WP(C) NO. 16216 OF 2022 3 licenses/consents/NOC from the statutory authorities. It is the case of the petitioner that respondent vide Exts.P11 and P12 refused to consider the application for license on the basis of Exts.P5and P6 decision taken by the Karakurissi Grama Panchayat. According to the petitioner, he is having all licenses/consents/NOC from the other statutory authorities. The respondent has no jurisdiction or power to refuse the application for license. According to the petitioner, he is entitled to get license in the light of GO (P) No.156/2021/LSGD dated 29.7.2021 and also in the light of mandatory proviso to Rule 6 of the Kerala Panchayat Raj (Issue of License to Factories, Trades, Entrepreneurship Activities and other Services) Rules, 1996. Hence this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 1st respondent.
4. The counsel for the petitioner reiterated the contentions in the writ petition. The counsel takes me through Ext.P7 order passed by the Tribunal in appeal No.222/22. Moreover, the counsel for the petitioner also takes me through Ext.P8, by which the Government stayed the order passed by WP(C) NO. 16216 OF 2022 4 the Grama Panchayat on 7.2.2022. The counsel appearing for the 1st respondent submitted that the Government also referred the matter to the 2 nd respondent-Tribunal about the query raised by the Secretary of the 1st respondent-Panchayat. The counsel takes me through the order passed by the Government as GO(Rt.) No.1120/2022/LSGD dated 5.5.2022.
5. After hearing both sides, it is clear that, if the appeal pending before the Tribunal including the reference made by the Government is decided by the Tribunal within a time frame, the entire issue can be resolved. Exts.P11 and P12 can be quashed to facilitate the Tribunal to pass appropriate orders in accordance to law in the appeals and the reference. There can be a time limit also to dispose those appeals and reference, so that the entire issue can be resolved.
Therefore, this writ petition is disposed of with the following directions.
1) Exts.P11 and P12 are quashed
2) The 2nd respondent is directed to consider Ext.P7 appeal (appeal No.222/22) along with the reference made by the Government as per GO (Rt.) No. 1120/2022/LSGD dated WP(C) NO. 16216 OF 2022 5 5.5.2022 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
3) The appellants in appeal No. 222/22 and the respondent- Panchayat will appear before the Tribunal on 13.6.2022. The petitioner and the respondent will co-operate to see that the appeals and reference are disposed as directed above, within the time frame fixed by this Court.
4) Based on the decision from the Tribunal, the 1st respondent will pass appropriate orders in accordance to law.
5) While passing orders based on the decision of the Tribunal, the 1st respondent will consider GO(P) No.156/2021/LSGD dated 29.7.2021.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 16216 OF 2022 6 APPENDIX OF WP(C) 16216/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE POLLUTION CONTROL BOARD DT. 14-5-2018 Exhibit P2 TRUE COPY OF NOC ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICE DT.30-12-2021 Exhibit P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DISTRICT GEOLOGIST DT.29-11-2021 Exhibit P4 TRUE COPY OF DEALER'S LICENSE DT.29-11-2021 Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE PANCHAYAT BEARING NO.21/1 DATED 07-02-2022 Exhibit P6 TRUE COPY OF DECISION BEARING NO.22/1 DATED 21-2-2022 Exhibit P7 TRUE COPY OF ORDER PASSED BY THE TRIBUNAL DT.4-4-2022 IN IA NO.496/2022 IN APPEAL NO.222/2022 Exhibit P8 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 19-3-2022 Exhibit P9 TRUE COPY OF CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BARD DT. 1-10-2021 Exhibit P10 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER U/S.232 DT.11-4-2022 Exhibit P10A TRUE COPY OF RECEIPT ISSUED BY THE PANCHAYAT ACKNOWLEDGING EXT. P10 Exhibit P11 TRUE COPY OF LETTER ISSUED BY THE RESPONDENT DT.8-4-2022 Exhibit P12 TRUE COPY OF LETTER ISSUED BY THE RESPONDENT DT. 20-4-2022 Exhibit P13 TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P. (C) NO.5531/2022 DT. 1-4-2022