Najeeb Hassan vs Koppam Grama Panchayat
2021 Latest Caselaw 14077 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   WEDNESDAY, THE 7TH DAY OF JULY 2021/16TH ASHADHA, 1943
                     WP(C) NO. 11699 OF 2021


PETITIONER:

          NAJEEB HASSAN, AGED 37 YEARS,
          NAMBRATH HOUSE, VALANCHERRY P.O.,
          MALAPPURAM - 676 552.

          BY ADVS.
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          CIMIL CHERIAN KOTTALIL
          SUZANNE KURIAN


RESPONDENTS:

    1     KOPPAM GRAMA PANCHAYAT,
          PULASSERY P.O.,
          PALAKKAD - 679 307.

    2     SECRETARY, KOPPAM GRAMA PANCHAYAT
          PULASSERY P.O., PALAKKAD - 679 307.

 ADDL.3   VIJEESH K.P., AGED 33 YEARS,
          S/O.CHANDRAN N.,
          KIZHANGOTTU PALLIYALIL HOUSE,
          PULASSERI P.O., VIA PATTAMBI,
          PALAKKAD DISTRICT PIN 679 307.

 ADDL.4   UDAYA NANDAN A., AGED 51 YEARS,
          S/O.GOVINDA KURUP, KAILASAM,
          PULASSERI P.O., VIA PATTAMBI,
          PALAKKAD DISTRICT, PIN 679 307.

 ADDL.5   SIVA PRASAD, AGED 33 YEARS,
          S/O.SIVADASAN, PUTHOOR
          CHEENAKKATHODI HOUASE,
          PULASSERI P.O., VIA PATTAMBI,
          PALAKKAD DISTRICT PIN 679 307.
 WP(C) No.11699/2021

                             2




 ADDL.6 JAYESH K.V., AGED 34 YEARS,
        S/O.RAJAN K., KARUMAVIL,
        VAILASSERY, PULASSERI P.O.,
        VIA PATTAMBI,
        PALAKKAD DISTRICT 679 307.

           (ADDL.R3 TO R6 ARE IMPLEADED AS PER ORDER
           DATED 07.07.2021 IN I.A.NO.1 OF 2021)

           BY ADVS.
           R1-R2 S.P.ARAVINDAKSHAN PILLAY
           R1-R2 N.SANTHA
           R1-R2 V.VARGHESE
           R1-R2 PETER JOSE CHRISTO
           R1-R2 S.A.ANAND
           R1-R2 K.N.REMYA
           R1-R2 L.ANNAPOORNA
           R1-R2 VISHNU V.K.
           R1-R2 ABHIRAMI K. UDAY
           R1-R2 KURUVILLA SABU CHRISTY
           R3-R6 G.G.MANOJ
           R3-R6 RAMAKRISHNAN M.
           R3-R6 S.SARATH PRASAD

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 07.07.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11699/2021

                                3




                         JUDGMENT

Dated this the 7th day of July, 2021

The petitioner applied for a D&O Licence under

Section 232 of the Kerala Panchyat Raj Act from the

respondents. The petitioner wanted the licence to start a

commercial venture in quarrying products. The grievance

of the petitioner is that the application for D&O Licence

ought to have been considered by the 2 nd respondent-

Secretary to the Panchayat who alone is statutorily

competent to consider and grant or refuse such licence. In

the petitioner's case, the application was placed before the

Panchayat Committee and the Panchayat Committee has

taken a decision not to grant licence to the petitioner

alleging that serious environmental damage will result from

the proposed quarrying activities. WP(C) No.11699/2021

2. I have heard the learned counsel for the

petitioner and the learned counsel for the respondents. The

learned counsel appearing for the respondents controverted

all the material allegations contained in the writ petition, but

submitted that if this Court directs, the competent authority

will reconsider the application.

3. Going by Section 232 of the Kerala Panchayat

Raj Act, application for D&O Licence shall be considered by

the Secretary to the Panchayath. Secretary to the

Panchayath alone is the statutory competent authority to

consider such application. No other authority can influence

or interfere with the decision making process. In the

present case, it is evident that the Secretary was influenced

by Ext.P3 and the decision of the Panchayat Committee to

refuse renewal of licence.

In the circumstances, the writ petition is allowed.

Ext.P3 order of the Secretary to the Panchayat is set aside. WP(C) No.11699/2021

The 2nd respondent is directed to consider Ext.P2

application submitted by the petitioner on its merits

uninfluenced by the decision taken by the Panchayat

Committee on 26.04.2021. A decision in this regard shall

be taken within a period of one month.

Sd/-

N. NAGARESH JUDGE ncd/07.07.2021 WP(C) No.11699/2021

APPENDIX OF WP(C) 11699/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF INTENT DATED 14/09/2019 ISSUED BY THE GEOLOGIST, PALAKKAD.

Exhibit P1(a) TRUE COPY OF THE CONSENT TO OPERATE DTD.

25/03/2021 ISSUED BY THE POLLUTION CONTROL BOARD VALID TILL 03/03/2026.

Exhibit P1(b) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 04/03/2021 VALID TILL 03/03/2026 ISSUED BY THE SEIAA.

Exhibit P1(c) TRUE COPY OF THE EXPLOSIVE LICENSE VALID TILL 31/03/2024.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 16/04/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 30/04/2021 ISSUED BY THE 2ND RESPONDENT ALONG WITH A COPY OF THE DECISION DATED 26/04/2021 BEARING NO.5(1) OF THE PANCHAYAT COMMITTEE OF THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 16/05/2019 SUBMITTED BY THE 2ND RESPONDENT TO THE DISTRICT COLLECTOR, PALAKKAD ALONG WITH A COPY OF THE DECISION DATED 13/05/2019 BEARING NO.7(1) TAKEN BY THE PANCHAYAT COMMITTEE OF THE 1ST RESPONDENT.