IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 18101 OF 2022
PETITIONER:
B. SUNDARAN
CHAITHANYA, VALLOM,
NEDUVATHOOR,
KOTTARAKKARA,
KOLLAM, PIN - 691505
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
SUZANNE KURIAN
CIMIL CHERIAN KOTTALIL
RESPONDENTS:
1 VILAKUDI GRAMA PANCHAYAT
KUNNIKODE P.O.,
KOLLAM - 691508
REPRESENTED BY ITS SECRETARY.
2 SECRETARY
VILAKUDI GRAMA PANCHAYAT
KUNNIKODE P.O.,
KOLLAM - 691508
BY ADV. GEORGEKUTTY MATHEW, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18101 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 18101 of 2022
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Dated this the 14th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts.P3 and P6 orders and quash the same.
(ii) Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case."[SIC]
2. The 2nd respondent issued Ext.P3 cancelling the license issued to the petitioner because the term of the quarrying permit issued by the Geologist is expired. Subsequent to Ext.P3, the petitioner obtained Ext.P5 licence, in which the licence period will expire only on 18.03.2022. Thereafter the Panchayat again passed Ext.P6 for the same reason mentioned in Ext.P3. Hence this writ petition is filed.
3. Heard counsel appearing for the petitioner and WP(C) NO. 18101 OF 2022 3 the counsel appearing for the Panchayat.
4. The counsel appearing for the petitioner reiterated his contentions in the writ petition. On the other hand, the counsel for the Panchayat takes me through Ext.P7 order dated 26.05.2022 in I.A.No.1/2022 in W.P.(C)No.10841/2022, passed by this Court. The counsel submitted that, if the petitioner wants any modification of resolution, they are free to approach the Panchayat with a representation and the same will be considered in accordance to law. In the light of the above submission, I think this writ petition can be disposed of allowing the petitioner to submit a representation to modify Exts.P3 and P6 and there can be a direction to the Panchayat to consider the same, within a time frame. The petitioners in W.P. (C)No.10841/2022 also should be heard before passing final order.
Therefore this writ petition is disposed of in the following manner:
WP(C) NO. 18101 OF 2022 4 i. The petitioner is free to file a representation for modification of Exts.P3 and P6, within a period of three days from the date of receipt of a copy of this judgment.
ii. Once such a representation is received, the 2nd respondent will consider the same and pass appropriate orders in it, in the light of Ext.P5, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of the representation.
iii. Before passing final order, an opportunity of hearing should be given to the petitioner in this writ petition and the petitioners in W.P.(C)No.10841/2022.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 18101 OF 2022 5 APPENDIX OF WP(C) 18101/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE QUARRYING PERMIT DATED 09.02.2022 VALID TILL 31.03.2022 ISSUED BY THE RESPONDENT. EXHIBIT P1(A) TRUE COPY OF THE CONSENT TO OPERATE DTD. 26.06.2020 VALID TILL 18.03.2023 ISSUED BY THE POLLUTION CONTROL BOARD.
EXHIBIT P1(B) TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE CERTIFICATE DATED
19.03.2020 VALID TILL 18.03.2023 ISSUED BY THE SEIAA.
EXHIBIT P1(C) TRUE COPY OF THE EXPLOSIVE LICENSE VALID TILL 31.03.2027.
EXHIBIT P2 TRUE COPY OF THE TRADE LICENSE DATED 07.08.2020 VALID TILL 31.03.2023 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05.05.2022 BEARING NO. B2/4531/20 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 13.05.2022 IN WP(C) NO.14813/2022 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE QUARRYING PERMIT
DATED 23.05.2022 VALID UPTO
18.03.2023 ISSUED BY THE GEOLOGIST, KOLLAM.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 01.06.2022 BEARING NO. B2/4531/20 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 26.05.2022 IN I.A. NO. 1/2022 IN WP(C) NO. 18101 OF 2022 6 WP(C) NO. 10841/2022 ON THE FILES OF THIS HON'BLE COURT.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE