M/S Quality Rocks vs The Vaniyamkulam Grama Panchayat
2023 Latest Caselaw 5162 Ker

WP(C) No. 11793 of 2023          1




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                           WP(C) NO. 11793 OF 2023
PETITIONER:

             M/S QUALITY ROCKS
             AGED 36 YEARS
             KULAPPULLY, KOONATHARA P.O., VANIYAMKULAM-2, PALAKKAD
             REPRESENTED BY ITS MANAGING PARTNER SRI. DEEPAK N.D.,
             PIN - 679523
             BY ADVS.
             SANTHOSH MATHEW
             ARUN THOMAS
             KARTHIKA MARIA
             ANIL SEBASTIAN PULICKEL
             ABI BENNY AREECKAL
             MATHEW NEVIN THOMAS
             KURIAN ANTONY MATHEW


RESPONDENTS:

      1      THE VANIYAMKULAM GRAMA PANCHAYAT
             PONNANI ROAD, VANIYAMKULAM P.O., PALAKKAD
             DISTRICT,REPRESENTED BY ITS SECRETARY., PIN - 679522
      2      THE SECRETARY
             THE VANIYAMKULAM GRAMA PANCHAYAT, PONNANI ROAD,
             VANIYAMKULAM P.O., PALAKKAD DISTRICT, PIN - 679522
      3      THE PRESIDENT
             THE VANIYAMKULAM GRAMA PANCHAYAT, PONNANI ROAD,
             VANIYAMKULAM P.O., PALAKKAD DISTRICT, PIN - 679522
             BY ADVS.
             V.A.VINOD
             SHAKTHI PRAKASH


      THIS     WRIT       PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION      ON     18.04.2023,      THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No. 11793 of 2023          2


                         VIJU ABRAHAM , J.
              ===========================
                     WP(C) No. 11793 of 2023
              ============================
                Dated this the 18th day of April, 2023

                              JUDGMENT

The petitioner's contention is that, Ext P6 the order declining

license has been issued without affording an opportunity of being

heard and the said decision is contrary to the position of law settled

by this Court.

2. Heard the learned Standing Counsel for the Panchayat who

upon instructions submitted that the petitioner was not heard before

issuing Ext P6 and that they are ready to reconsider the matter after

affording an opportunity of being heard to the petitioner.

3. Therefore, Ext P6 is set aside with a direction to respondent

Nos. 1 and 2 to take a decision afresh after affording an opportunity of

being heard to the petitioner. A decision in this regard shall be taken

within a period of three weeks from the date of receipt of a copy of

this judgment. Petitioner will be free to submit his argument notes,

producing the judgment relied on by him in support of his contentions.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 11793/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE LETTER OF INTENT NUMBERED AS DOP/1645/2018/A1 ISSUED TO THE PETITIONER BY THE GEOLOGIST, PALAKKAD ON 13-08-2018 Exhibit P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO. 47/Q/2022 HAVING IDENTIFICATION NO. EC22B001KL131388 ON 20-07-2022 TO THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE CONSENT TO OPERATE NUMBERED AS CONSENT NO.

KSPCB/PL/ICO/10003555/2022 DATED 26-10-2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P4 A COPY OF THE NO OBJECTION CERTIFICATE HAVING FILE NO. DCPKD/5055/2018-D3 DATED 07-03-2023 GRANTED TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE APPLICATION AND THE ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION FOR D&O LICENSE DATED 13-03-2023.

Exhibit P6 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 27-03-2023 CONTAINING THE DECISION OF THE 1ST RESPONDENT PANCHAYAT PASSED ON 24-03-2023