K.N.Nandakumar vs Kizhakkencheri Grama Panchayath
2021 Latest Caselaw 7093 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                  WP(C).No.5231 OF 2021(D)


PETITIONER:

              K.N.NANDAKUMAR, AGED 54 YEARS
              S/O. NARAYANAN NAIR, KORACHANDATH HOUSE,
              12TH STREET, MUSEUM CROSS LANE, CHEMBUKKAVU,
              THRISSUR - 680020.

              BY ADV. SRI.BINU PAUL

RESPONDENTS:

     1        KIZHAKKENCHERI GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY,
              KUNDUKAD - CHITTADY ROAD,
              KIZHAKKENCHERI-I, MAMPAD, THRISSUR - 678684.

     2        SECRETARY,
              KIZHAKKENCHERI GRAMA PANCAHAYATH,
              KUNDUKAD - CHITTADY ROAD, KIZHAKKENCHERI-I,
              MAMPAD, THRISSUR - 678684.

     3        THE DIRECTOR
              DIRECTORATE OF MINING AND GEOLOGY,
              KESAVADASAPURAM, PATTAM,
              THIRUVANANTHAPURAM - 695004.


OTHER PRESENT:

              GP. SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 01.03.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5231 of 2021                2



                     W.P.(C) No.5231 of 2021
              -----------------------------------------------

                           JUDGMENT

Ext.P5 is an application preferred by the petitioner

for grant of licence in terms of the Kerala Panchayat Raj

(Issue of Licence to Factories, Trades, Entrepreneurship

Activities and Other Services) Rules, 1996. The grievance of

the petitioner in the writ petition concerns the inaction on the

part of the second respondent in considering and passing

orders on Ext.P5 application. The petitioner, therefore, seeks

appropriate directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioner.

3. In the nature of the order I propose to pass in

this writ petition, no notice need be issued to the

respondents.

Having regard to the facts and circumstances of

the case, I deem it appropriate to dispose of the writ petition

directing the second respondent to consider and pass orders

on Ext.P5 application, in the light of the decision of this Court

in Tomy Thomas v. State of Kerala & Others, 2019 (4)

KHC 553(FB). Ordered accordingly. This shall be done within

two weeks, with notice to the petitioner.

Sd/-

P.B.SURESH KUMAR, JUDGE.

ds 01.03.202

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER NO. 190/M/3/2016 DATED 07.01.2017.

EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 1134/EC/ SEIAA/KL/2017 DATED 17.03.2018.

EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE/AUTHORIZATION/REGISTRATION NO. PCB/PLKD/ICO-732/7487391/2018 DATED 05.05.2018.

EXHIBIT P4 TRUE COPY OF THE LICENSE FOR POSSESSION OF EXPLOSIVES ISSUED FROM THE OFFICE OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM DATED 20.06.2018.

EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR THE D AND O LICENSE DATED 21.12.2021.

EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 21.12.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 19.01.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE LOCATION SKETCH DATED NIL ISSUED FROM THE VILLAGE OFFICER, KIZHAKKENCHERRY.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 6049 OF 2020 DATED 28.02.2020.