Kerala High Court
Kunhimuhammed vs Pookkottur Grama Panchayat on 1 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 6738 OF 2015
PETITIONER/S:
KUNHIMUHAMMED
AGED 62 YEARS
PALLIYALIL HOUSE, POOKKOTTUR PO, VELLUR VIA.
MALAPPURAM DISTRICT, PIN-673 617.
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHA
SRI.N.SHAMSUL HUDA
RESPONDENT/S:
1 POOKKOTTUR GRAMA PANCHAYAT
POOKKOTTUR PO, MALAPPURAM DISTRICT, PIN-673 617
REPRESENTED BY ITS SECRETARY.
2 POOKKOTTUR GRAMA PANCHAYAT COMMITTEE
POOKKOTTUR PO, MALAPPURAM DISTRICT, PIN-673 617
REPRESENTED BY ITS PRESIDENT.
BY ADV SRI.BENNY VARGHESE (THETTAYIL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 6738 of 2015
-2-
JUDGMENT
This writ petition is filed by the petitioner seeking the following
reliefs:-
"i. issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 1st respondent to issue
formal licence in physical/paper form, certifying that petitioner
enjoys the licence as contemplated under Section 236 (3) of the
Kerala Panchayat Raj Act 1994 and Kerala Panchayat Raj (Issue
of Licence to Dangerous, Offensive Trades and Factories), Rules
1996, in pursuance to Ext.P7 application, forthwith;
(ii) issue a writ of mandamus or any other appropriate
writ, order or direction commanding the respondent to consider
and dispose of Ext.P8 representation, forthwith."
2. Apparently, petitioner has secured Ext. P1 quarrying permit on
31.10.2014. It is evident that consequent to which Ext. P2 consent to
operate was issued by the Kerala State Pollution Control Board which
was valid only up to 30.06.2015. Petitioner has also secured Ext. P3
explosives license which was valid only up to 31.03.2017 and Ext. P4
license for possession of explosives which was also expired on
W. P. (C) No. 6738 of 2015
31.03.2017. It is also evident from Ext. P7 that the license granted by
the Panchayat was only for the financial year 2014-2015 which might
have expired on 31.03.2015.
3. Matters being so, I do not think anything survives to be
considered or adjudicated in this writ petition.
4. Even though Mr. Babu Joseph Kuruvathazha, learned counsel
for the petitioner, sought time for hearing, I am of the view that the
subject matter of this writ petition has virtually become infructuous.
5. Therefore the writ petition is dismissed accordingly.
However I make it clear that if the petitioner is having necessary
licenses / clearances / consent from all appropriate statutory authorities
in order to go ahead with the quarrying permit, petitioner will be at
liberty to do the same, in accordance with law.
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
W. P. (C) No. 6738 of 2015
APPENDIX OF WP(C) 6738/2015
PETITIONER EXHIBITS
EXT.P1 - TRUE COPY OF THE QUARRYING PERMIT DATED 31-10-
2014 ISSUED BY THE GEOLOGIST MALAPURAM.
EXT.P2 - TRUE COPY OF THE 'CONSENT TO OPERATE' DATED 5-7-
2012 VALID UP TO 30-6-2015 ISSUED BY THE
POLLUTION CONTROL BOARD.
EXT.P3 - TRUE COPY OF THE LICENCE FOR USE OF EXPLOSIVES
FROM MAGAZINES DATED 2-5-2012 VALID UP TO 31-3-
2017, ISSUED BY THE CONTROLLER OF EXPLOSIVES
EXT.P4 - TRUE COPY OF THE LICENCE TO POSSESS EXPLOSIVES
ISSUED IN LICENCE FORM LE-3 DATED 17-4-2012,
VALID UP TO 31-3-2017
EXT.P5 - TRUE COPY OF THE BLASTER'S CERTIFICATE OF
COMPETENCY DATED 31-5-2002 ISSUED IN FAVOUR OF
N.CHANDRAN.
EXT.P6 - TRUE COPY OF THE MEMORANDUM DATED 21-5-2012
ISSUED IN FAVOUR OF MR.N.CHANDRAN BY THE DIRECTOR
OF MINE SAFETY
EXT.P7 - TRUE COPY OF THE APPLICATION DATED 10-11-2014
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT FOR GETTING LICENCE TO HIS QUARRY
ALONG WITH ITS ENGLISH TRANSLATION.
EXT.P7(A) - TRUE COPY OF THE CHEQUE DATED 3-12-2014 SENT
TO THE 1ST RESPONDENT THROUGH REGISTERED POST.
EXT.P8 - TRUE COPY OF THE REPRESENTATION DATED 19-1-2015
SUBMITTED BEFORE THE 1ST RESPONDENT
EXT.P9 - TRUE COPY OF THE JUDGMENT DATED 9-2-2015 IN
WPC.NO.462/2015
