Kerala High Court
A.D.John vs The Secretary on 27 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
WP(C) NO. 10021 OF 2021
PETITIONER:
A.D.JOHN,
AGED 55 YEARS,
PUTHEN VEETIL,
PERUMPRAMAVU P.O.,
KEEZHVAIPUR, PIN-689587,
PATHANAMTHITTA.
BY ADVS.
P.CHANDRASEKHAR
SRI.K.K.MOHAMED RAVUF
SHRI.SATHEESH V.T.
SRI.R.NANDAGOPAL
SMT.RANI MADHU
SMT.MANJARI G.B.
RESPONDENTS:
1 THE SECRETARY,
KOTTANGAL GRAMA PANCHAYAT,
KULATHOOR P.O.,
PATHANAMTHITTA DISTRICT, PIN-689 588.
2 KOTTANGAL GRAMA PANCHAYAT,
KOTTANGAL, KULATHOOR P.O.,
PATHANAMTHITTA, PIN-689 588,
REPRESENTED BY ITS SECRETARY.
BY ADV ESM.KABEER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.10021/2021
2
JUDGMENT
Dated this the 27th day of July, 2021
The petitioner seeks to declare that he is entitled to
deemed licence to conduct his quarry under Section 232 of
Kerala Panchayat Raj Act for the year 2021-2022 pursuant to
Ext.P11 application and to declare that the 2nd respondent has
no power or authority to interfere in the function of the 1 st
respondent to issue D and O licence under Section 232 of the
Kerala Panchayat Raj Act.
2. The petitioner states that whenever the petitioner
submits an application for extension of licence, the Secretary
is placing the application before the Panchayat Committee,
instead of passing statutory orders independently. This is
illegal. The action of the Secretary is impinging the
constitutional right of the petitioner guaranteed under Article
19(1) of the Constitution of India.
WP(C).No.10021/2021
3. The learned Standing Counsel for the respondents
would submit that the Secretary placed the application before
the Council since certain complaints were received against the
Quarry. Subsequently decision has been taken by the
Secretary to extend the period of D and O licence of the
petitioner till 03.09.2021.
This Court is of the considered opinion that when
the Secretary is the competent Authority statutorily empowered
to issue D and O licence and also to extend the period of
licence, the Secretary is bound to consider applications for
D and O licence independently. However, since the Secretary
has already extended the period of D and O licence of the
petitioner till 03.09.2021, no further orders are called for in this
writ petition.
Accordingly, this writ petition is disposed of
recording the submission made by the learned Standing
Counsel for the respondents.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.10021/2021
APPENDIX OF WP(C) 10021/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.4137/M3/2018
DATED 29.10.2018 OF THE DIRECTOR OF
MINING AND GEOLOGY.
EXHIBIT P2 TRUE COPY OF THE QUARRYING LEASE DATED
1.11.2018 EXECUTED BY THE GOVERNOR OF
KERALA IN FAVOUR OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF ORDER
NO.803/EC4/2120/2015/SEIAA DATED
5.3.2016 OF THE STATE ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY, KERALA.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION
S.O.4254(E) DATED 27.11.2020 OF THE
GOVERNMENT OF INDIA.
EXHIBIT P5 TRUE COPY OF NOTIFICATION S.O. 221(E)
DATED 18.1.2021 OF THE GOVERNMENT OF
INDIA.
EXHIBIT P6 TRUE COPY OF THE CONSENT VARIATION
ORDER DATED 25.2.2021 OF THE KERALA
STATE POLLUTION CONTROL BOARD.
EXHIBIT P7 TRUE COPY OF THE LICENSE DATED
18.9.2018 ISSUED TO THE PETITIONER BY
THE IST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LICENSE DATED 1.4.2019
ISSUED TO THE IST RESPONDENT TO THE
PETITIONER.
EXHIBIT P9 TRUE COPY OF THE LICENSE DATED 9.5.2020
ISSUED TO THE PETITIONER BY THE IST
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 8.1.2021
OF THIS HONOURABLE COURT IN WPC
NO.618/2021.
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED
1.3.2021 OF THE PETITIONER TO THE IST
RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE LETTER NO:A3-651/21
DATED 9.4.2021 OF THE IST RESPONDENT TO
THE PETITIONER.
