Kerala High Court
Endeavour Sand vs The Secretary on 1 June, 2022
WP(C) NO. 16216 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 16216 OF 2022
PETITIONER/S:
ENDEAVOUR SAND
ARAPPARA, KARAKURUSSI POST, MANNARKKAD, PALAKKAD-678
595, REPRESENTED BY ITS MANAGING PARTNER
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
NEENU BERNATH
RESPONDENT/S:
1 THE SECRETARY
KARAKURUSSI GRAMA PANCHAYAT, VAZHAMPURAM P.O.,
PALAKKAD-678 595
*2 TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTINOS,
THIRUVANANTHAPURAM
(*IS SUO MOTU IMPLEADED AS THE ADDL.2ND RESPONDENT
IN THIS WRIT PETITION AS PER ORDER DATED 1.6.2022)
BY ADV C.M.NAZAR,R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16216 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 16216 of 2022
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Dated this the 1st day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"1. Issue a Writ of Certiorari or such other writ or order or
direction similar to writ of certiorari, quashing Ext.P11 and
Ext.P12.
2. Issue a writ of Mandamus or any other writ, order or
direction directing the 1st respondent to issue the license to the
petitioner with respect to his M Sand unit, in terms of GO(P)
No. 156/2021 read with the proviso to Rule 6 of Rules, 1996,
forthwith.
3. To grant such other reliefs as this hon'ble court may
deem just and fit in the circumstances of the case."[SIC]
2. The petitioner is a firm engaged in the business of
crushing and manufacturing of granite aggregates. The
petitioner submitted an application for license to conduct M
Sand unit under Sec. 232 of the Kerala Panchayat Raj Act,
1994 before the respondent along with other
licenses/consents/NOC from the statutory authorities. It is the
case of the petitioner that respondent vide Exts.P11 and P12
refused to consider the application for license on the basis of
Exts.P5and P6 decision taken by the Karakurissi Grama
Panchayat. According to the petitioner, he is having all
licenses/consents/NOC from the other statutory authorities.
The respondent has no jurisdiction or power to refuse the
application for license. According to the petitioner, he is
entitled to get license in the light of GO (P) No.156/2021/LSGD
dated 29.7.2021 and also in the light of mandatory proviso to
Rule 6 of the Kerala Panchayat Raj (Issue of License to
Factories, Trades, Entrepreneurship Activities and other
Services) Rules, 1996. Hence this writ petition is filed.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the 1st respondent.
4. The counsel for the petitioner reiterated the
contentions in the writ petition. The counsel takes me through
Ext.P7 order passed by the Tribunal in appeal No.222/22.
Moreover, the counsel for the petitioner also takes me through
Ext.P8, by which the Government stayed the order passed by
the Grama Panchayat on 7.2.2022. The counsel appearing for
the 1st respondent submitted that the Government also
referred the matter to the 2 nd respondent-Tribunal about the
query raised by the Secretary of the 1st respondent-Panchayat.
The counsel takes me through the order passed by the
Government as GO(Rt.) No.1120/2022/LSGD dated 5.5.2022.
5. After hearing both sides, it is clear that, if the appeal
pending before the Tribunal including the reference made by
the Government is decided by the Tribunal within a time
frame, the entire issue can be resolved. Exts.P11 and P12 can
be quashed to facilitate the Tribunal to pass appropriate orders
in accordance to law in the appeals and the reference. There
can be a time limit also to dispose those appeals and reference,
so that the entire issue can be resolved.
Therefore, this writ petition is disposed of with the
following directions.
1) Exts.P11 and P12 are quashed
2) The 2nd respondent is directed to consider Ext.P7 appeal
(appeal No.222/22) along with the reference made by the
Government as per GO (Rt.) No. 1120/2022/LSGD dated
5.5.2022 as expeditiously as possible, at any rate, within
one month from the date of receipt of a copy of this
judgment.
3) The appellants in appeal No. 222/22 and the respondent-
Panchayat will appear before the Tribunal on 13.6.2022.
The petitioner and the respondent will co-operate to see
that the appeals and reference are disposed as directed
above, within the time frame fixed by this Court.
4) Based on the decision from the Tribunal, the 1st
respondent will pass appropriate orders in accordance to
law.
5) While passing orders based on the decision of the
Tribunal, the 1st respondent will consider GO(P)
No.156/2021/LSGD dated 29.7.2021.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 16216/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED
BY THE POLLUTION CONTROL BOARD DT. 14-5-2018
Exhibit P2 TRUE COPY OF NOC ISSUED BY THE DEPARTMENT OF
FIRE AND RESCUE SERVICE DT.30-12-2021
Exhibit P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
ISSUED BY THE DISTRICT GEOLOGIST DT.29-11-2021
Exhibit P4 TRUE COPY OF DEALER'S LICENSE DT.29-11-2021
Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE PANCHAYAT
BEARING NO.21/1 DATED 07-02-2022
Exhibit P6 TRUE COPY OF DECISION BEARING NO.22/1 DATED
21-2-2022
Exhibit P7 TRUE COPY OF ORDER PASSED BY THE TRIBUNAL
DT.4-4-2022 IN IA NO.496/2022 IN APPEAL
NO.222/2022
Exhibit P8 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED
19-3-2022
Exhibit P9 TRUE COPY OF CONSENT TO OPERATE ISSUED BY THE
POLLUTION CONTROL BARD DT. 1-10-2021
Exhibit P10 TRUE COPY OF APPLICATION SUBMITTED BY THE
PETITIONER U/S.232 DT.11-4-2022
Exhibit P10A TRUE COPY OF RECEIPT ISSUED BY THE PANCHAYAT
ACKNOWLEDGING EXT. P10
Exhibit P11 TRUE COPY OF LETTER ISSUED BY THE RESPONDENT
DT.8-4-2022
Exhibit P12 TRUE COPY OF LETTER ISSUED BY THE RESPONDENT
DT. 20-4-2022
Exhibit P13 TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE
COURT IN W.P. (C) NO.5531/2022 DT. 1-4-2022
