Sumesh.M.S vs State Of Kerala
2021 Latest Caselaw 17728 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                          WP(C) NO. 15158 OF 2021
PETITIONER:

            SUMESH.M.S
            AGED 37 YEARS
            S/O. SUKUMARAN NAIR, MEPALLIL HOUSE,
            KIDANGOOR SOUTH P.O., KOTTAYAM DISTRICT,PIN-686 572

            BY ADVS.
            K.C.VINCENT
            P.S.GEORGE


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF
            GOVERNMENT INSTITUTIONS, SECRETARIAT,
            THIRUVANANTHAPURAM-695 001

    2       THE KIDANGOOR GRAMA PANCHAYAT,
            KIDANGOOR P.O., KOTTAYAM, PIN-686 572,
            REPRESENTED BY ITS SECRETARY

    3       THE SECRETARY
            KIDANGOOR GRAMA PANCHAYAT, KIDANGOOR P.O.,
            KOTTAYAM, PIN-686 572

    4       THE PANCHAYAT COMMITTEE,
            KIDANGOOR GRAMA PANCHAYAT, KIDANGOOR P.O.,
            KOTTAYAM,PIN-686 572, REPRESENTED BY ITS PRESIDENT

    5       THE HEALTH INSPECTOR,
            COMMUNITY HEALTH CENTRE, KOODALLOOR, KIDANGOOR P.O.,
            KOTTAYAM, PIN-686 572

            SRI.JUSTINE JACOB, SC, KIDANGOOR GRAMA PANCHAYAT
            SMT.SURYA BINOY B., SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15158 OF 2021

                                        2




                                 JUDGMENT

This writ petition is filed seeking the following prayers:

(a) Issue a writ of certiorari or any other appropriate writ or order calling for the records leading to Exhibit P12 and quash the same.

(b) issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to consider Exhibit P9 and P11 afresh and to grant license to deal with all granite aggregates and building construction materials, untrammelled by the observations in Exhibit P12 and taking note of the dictum laid down by the Hon'ble Courts."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for respondents 2 to 5 as well as the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is conducting business in granite aggregates and has all

required permits and licenses for the same. He had submitted Exts.P9

and P11 applications for renewal of the licence as also for including

other items in the licence. It is submitted that though the petitioner had

approached the Secretary who has to consider the application in

accordance with the Statute, Ext.P12 resolution has been adopted by the WP(C) NO. 15158 OF 2021

Panchayat deciding not to grant the request made by the petitioner on

the ground that there is likelihood of public agitation against the

petitioner's unit. The learned counsel for the petitioner submits that an

application for licence is to be duly considered by the Secretary of the

Panchayat and that Ext.P12 resolution is therefore completely without

jurisdiction and the reasons stated therein are also not correct. Reliance

is also placed on bench decisions of this Court in support of the said

contention.

4. Having considered the contentions advanced, I am of the opinion

that since it is an admitted fact that Exts.P9 and P11 applications had

been preferred before the Secretary of the Panchayat, it is for the

Secretary to take an appropriate decision on the same. There will,

accordingly be a direction to the 3 rd respondent to take up, consider and

pass appropriate orders on Exts.P9 and P11 applications preferred by the

petitioner in accordance with law, untrammelled by Ext.P12 and

anything stated therein. The petitioner shall be put on notice and heard

before orders are passed and his contentions shall be adverted to before

orders are passed as directed above. Appropriate action shall be taken

expeditiously as possible, at any rate, within a period of one month from WP(C) NO. 15158 OF 2021

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15158 OF 2021

APPENDIX OF WP(C) 15158/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DISTRICT GEOLOGIST DATED 28.09.2020.

Exhibit P2 A TRUE COPY OF THE DEALER'S LICENCE DATED 30.09.2020.

Exhibit P3 A TRUE COPY OF THE CONSENT TO ESTABLISH DATED 22.10.2020.

Exhibit P4 A TRUE COPY OF THE CONSENT TO OPERATE DATED 20.11.2020.

Exhibit P5 A TRUE COPY OF THE SANITARY CERTIFICATE DATED 05.10.2020

Exhibit P6 A TRUE COPY OF THE LICENSE ISSUED FROM THE GRAMA PANCHAHYAT DATED 25.11.2020.

Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED 13.04.2021 IN WP(C) NO. 1837 OF 2021.

Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 19.03.2021 ISSUED BY THE ENVIRONMENTAL ENGINEER.

Exhibit P9 A TRUE COPY OF THE APPLICATION DATED 22.03.2021.

Exhibit P10 A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT DATED 22.04.2021.

Exhibit P11 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 07.06.2021.

Exhibit P12 A TRUE COPY OF THE MINUTES OF THE MEETING OF THE 4TH RESPONDENT DATED 19.07.2021.

RESPONDENT'S/S EXHIBITS: NIL