B. Sundaran vs Vilakudi Grama Panchayat
2022 Latest Caselaw 6864 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 18101 OF 2022
PETITIONER:

          B. SUNDARAN
          CHAITHANYA, VALLOM,
          NEDUVATHOOR,
          KOTTARAKKARA,
          KOLLAM, PIN - 691505
          BY ADVS.
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          LEO LUKOSE
          SUZANNE KURIAN
          CIMIL CHERIAN KOTTALIL


RESPONDENTS:

    1     VILAKUDI GRAMA PANCHAYAT
          KUNNIKODE P.O.,
          KOLLAM - 691508
          REPRESENTED BY ITS SECRETARY.
    2     SECRETARY
          VILAKUDI GRAMA PANCHAYAT
          KUNNIKODE P.O.,
          KOLLAM - 691508
          BY ADV. GEORGEKUTTY MATHEW, STANDING COUNSEL



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18101 OF 2022

                                 2


                P.V.KUNHIKRISHNAN, J.
               ------------------------------
              W.P.(C).No. 18101 of 2022
       ----------------------------------------------
        Dated this the 14th day of June, 2022

                        JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts.P3 and P6 orders and quash the same.

(ii) Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case."[SIC]

2. The 2nd respondent issued Ext.P3 cancelling

the license issued to the petitioner because the term of

the quarrying permit issued by the Geologist is expired.

Subsequent to Ext.P3, the petitioner obtained Ext.P5

licence, in which the licence period will expire only on

18.03.2022. Thereafter the Panchayat again passed

Ext.P6 for the same reason mentioned in Ext.P3. Hence

this writ petition is filed.

3. Heard counsel appearing for the petitioner and WP(C) NO. 18101 OF 2022

the counsel appearing for the Panchayat.

4. The counsel appearing for the petitioner

reiterated his contentions in the writ petition. On the

other hand, the counsel for the Panchayat takes me

through Ext.P7 order dated 26.05.2022 in I.A.No.1/2022

in W.P.(C)No.10841/2022, passed by this Court. The

counsel submitted that, if the petitioner wants any

modification of resolution, they are free to approach the

Panchayat with a representation and the same will be

considered in accordance to law. In the light of the

above submission, I think this writ petition can be

disposed of allowing the petitioner to submit a

representation to modify Exts.P3 and P6 and there can

be a direction to the Panchayat to consider the same,

within a time frame. The petitioners in W.P.

(C)No.10841/2022 also should be heard before passing

final order.

Therefore this writ petition is disposed of in the

following manner:

WP(C) NO. 18101 OF 2022

i. The petitioner is free to file a

representation for modification of Exts.P3 and P6,

within a period of three days from the date of

receipt of a copy of this judgment.

ii. Once such a representation is received,

the 2nd respondent will consider the same and pass

appropriate orders in it, in the light of Ext.P5, as

expeditiously as possible, at any rate, within a

period of two weeks from the date of receipt of the

representation.

iii. Before passing final order, an

opportunity of hearing should be given to the

petitioner in this writ petition and the petitioners

in W.P.(C)No.10841/2022.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 18101 OF 2022

APPENDIX OF WP(C) 18101/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE QUARRYING PERMIT DATED 09.02.2022 VALID TILL 31.03.2022 ISSUED BY THE RESPONDENT. EXHIBIT P1(A) TRUE COPY OF THE CONSENT TO OPERATE DTD. 26.06.2020 VALID TILL 18.03.2023 ISSUED BY THE POLLUTION CONTROL BOARD.

EXHIBIT P1(B)      TRUE   COPY   OF   THE   ENVIRONMENTAL
                   CLEARANCE       CERTIFICATE      DATED

19.03.2020 VALID TILL 18.03.2023 ISSUED BY THE SEIAA.

EXHIBIT P1(C) TRUE COPY OF THE EXPLOSIVE LICENSE VALID TILL 31.03.2027.

EXHIBIT P2 TRUE COPY OF THE TRADE LICENSE DATED 07.08.2020 VALID TILL 31.03.2023 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05.05.2022 BEARING NO. B2/4531/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 13.05.2022 IN WP(C) NO.14813/2022 ON THE FILES OF THIS HON'BLE COURT.

EXHIBIT P5         TRUE COPY OF THE QUARRYING PERMIT
                   DATED     23.05.2022  VALID    UPTO

18.03.2023 ISSUED BY THE GEOLOGIST, KOLLAM.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 01.06.2022 BEARING NO. B2/4531/20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 26.05.2022 IN I.A. NO. 1/2022 IN WP(C) NO. 18101 OF 2022

WP(C) NO. 10841/2022 ON THE FILES OF THIS HON'BLE COURT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE