Kerala High Court
Noushad vs The Mambad Grama Panchayath on 16 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JUNE 2023 / 26TH JYAISHTA, 1945
WP(C) NO. 17088 OF 2023
PETITIONER:
M/S.CHALIYAR STONE CRUSHER,
PULLIPADAM P.O, MAMBED,
MALAPPURAM DISTRICT -676542
REPRESENTED BY ITS MANAGING PARTNER
KUNHALI V.M, S/O. CHEKKO HAJI,
AGED 49 YEARS,
RESIDING AT METHEDATH HOUSE,
ANAMKUNNU KAKKAD,KARASSERY P.O,
KOZHIKODE DISTRICT, PIN - 673602
BY ADVS.
K.J.MANU RAJ
K.VINAYA
RESPONDENTS:
1 THE MAMBAD GRAMA PANCHAYAT,
MAMBAD P.O.,
MALAPPURAM DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 676542
2 THE SECRETARY,
MAMBAD GRAMA PANCHAYAT,
MAMBAD P.O.,
MALAPPURAM DISTRICT, PIN - 676542
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT. AMMINIKKUTTY - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.06.2023, ALONG WITH WP(C).17962/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.17088 & 17962 of 2023
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JUNE 2023 / 26TH JYAISHTA, 1945
WP(C) NO. 17962 OF 2023
PETITIONER:
NOUSHAD,
AGED 43 YEARS,
S/O ALAVI,
PALAPPATTA HOUSE,
PATHIYALATHIL,
PANNIPARA P.O.,
MALAPPURAM DISTRICT., PIN - 676541
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS:
1 THE MAMBAD GRAMA PANCHAYAT,
COLLEGE ROAD, MAMBAD,
REPRESENTED BY ITS SECRETARY., PIN - 676542
2 THE SECRETARY,
MAMBAD GRAMA PANCHAYAT,
COLLEGE ROAD, MAMPAD, PIN - 676542
3 STATE OF KERALA,
REPRESENTED BY SECRETARY TO LOCAL SELF-
GOVERNMENT DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT. AMMINIKKUTTY - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.06.2023, ALONG WITH WP(C).17088/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.17088 & 17962 of 2023
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JUDGMENT
Dated this the 16th day of June, 2023
In both these writ petitions, the petitioners are
Entrepreneurs who proposed to run a quarry.
2. The petitioners state that they have obtained
requisite licence from the competent authority. However,
when the petitioners made applications before the Panchayat
Authorities for D&O licence, the applications were rejected as
per Ext.P5 in W.P.(C) No.17088 of 2023 and as per Ext.P13
in W.P.(C) No.17962 of 2023 on the ground that there are
complaints from the general public.
3. Respective counsel for the petitioners submit that
the Panchayat cannot decline D&O licence for the sole
reason that public have made complaints in that regard.
4. Standing Counsel entered appearance on behalf
of the Panchayat and resisted the writ petition. On behalf of
W.P.(C) Nos.17088 & 17962 of 2023
the respondents, it is submitted that taking into consideration
the environmental degradation that is likely to be caused by
the proposed quarries in the area, a resolution was passed
and the Panchayat Committee decided not to permit any
more quarries in that area.
5. The quarries of the petitioners, if established,
would be a threat to the local residents, houses, wells and
other properties. Even though the petitioners are having
statutory permissions and licences, that alone is not sufficient
for grant of D&O licence, contended the Standing Counsel
for the Panchayat.
6. I have heard the learned counsel for the
petitioners and the learned Standing Counsel representing
the respondents.
7. The power of the Panchayat Authorities to regulate
functioning of quarrying and other industries was subject
matter in the Full Bench judgment in Tomy Thomas v. State
of Kerala [2019 (3) KLT 987 (FB)]. In the said judgment, a
Full Bench of this Court held as follows:
W.P.(C) Nos.17088 & 17962 of 2023
''After the amendment brought in to Section 232,
Section 233, of the Kerala Panchayat Raj Act,
1994, and the Licencing Rules, the Panchayat has
no right, to reject the D&O Licence or Trade
Licence and the power of Panchayat is restricted
to taking steps to abate nuisance and to avert
danger, as is permitted by the provisions of the
Kerala Panchayat Raj Act''.
8. This Court had occasion to consider the impact of
public protest on licencing powers of the Local Self
Government Institutions in the judgment in Southern
Granite Industries (M/s.) Tvm. v. Pallichal Grama
Panchayat, Tvm and another [2016 (1) KHC 207]. This
Court held that public protests are a method to exert
pressure on the Legislature or the Executive to change or
fine tune its legislative or administrative policies as the case
may be. But, it should not deter the Executive / Officials to
discharge their statutory duties. The Authorities cannot shy
away from their statutory duties on a mere premise that there
are public protests.
In view of the law laid down by this Court as above, the
writ petitions are allowed. Accordingly, Ext.P5 order in W.P.
(C) No.17088 of 2023 and Ext.P13 order in W.P.(C)
W.P.(C) Nos.17088 & 17962 of 2023
No.17962 of 2023 are set aside. The Secretary to the
Grama Panchayat is directed to reconsider the applications
submitted by the petitioners in the light of the observations
made hereinabove.
Sd/-
N. NAGARESH
JUDGE
sss
W.P.(C) Nos.17088 & 17962 of 2023
APPENDIX OF WP(C) 17088/2023
PETITIONER'S EXHIBITS
EXHIBIT P 1 A TRUE COPY OF THE LETTER OF INTENT
DATED 28.05.2019 ISSUED BY THE
DIRECTOR OF MINING AND GEOLOGY
THIRUVANANTHAPURAM.
EXHIBIT P 2 A TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE NO. 105/ Q /22 DATED
23.08.2022.
EXHIBIT P 3 A TRUE COPY OF THE CONSENT TO OPERATE
DATED 31.10.2022.
EXHIBIT P 4 A TRUE COPY OF THE RECEIPT DATED
05.01.2023 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P 5 A TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT DATED 21.02.2023.
W.P.(C) Nos.17088 & 17962 of 2023
APPENDIX OF WP(C) 17962/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED IN FAVOR OF SRI.
JAMAL HUSSAIN FROM PULLIPPADAM VILLAGE
OFFICE DATED 4.2.2023.
EXHIBIT P2 TRUE COPY OF THE CONSENT LETTER ISSUED
BY SRI. JAMAL HUSSAIN IN FAVOR OF
PETITIONER DATED 6.09.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER OF LETTER OF
INTENT ISSUED BY THE DIRECTOR OF
MINING AND GEOLOGY TO THE PETITIONER
DATED 12.11.2018.
EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE
GEOLOGIST, MALAPPURAM TO THE
PETITIONER DATED 3.04.2019 APPROVING
THE MINING PLAN.
EXHIBIT P5 TRUE COPY OF THE ORDER OF EXTENSION OF
THE LETTER OF INTENT ISSUED BY THE
DIRECTOR OF MINING AND GEOLOGY TO THE
PETITIONER DATED 1.4.2022.
EXHIBIT P6 TRUE COPY OF THE ENVIRONMENTAL
CLEARANCE CERTIFICATE NO: 04/Q/2021
DATED 11.02.2021 ISSUED TO THE
PETITIONER BY THE STATE ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY.
EXHIBIT P7 TRUE COPY OF THE EXPLOSIVE LICENSE
ISSUED TO THE PETITIONER BY THE DEPUTY
CHIEF CONTROLLER OF EXPLOSIVES,
ERNAKULAM DATED 30.01.2023.
EXHIBIT P8 TRUE COPY OF THE MINING MATES
CERTIFICATE OF COMPETENCY ISSUED BY
BOARD OF MINING EXAMINATIONS,
GOVERNMENT OF INDIA TO SRI. SHAKEER
P.P DATED 23.07.2021.
EXHIBIT P9 TRUE COPY OF THE CONSENT TO OPERATE
ISSUED TO PETITIONER'S QUARRY BY THE
KERALA STATE POLLUTION CONTROL BOARD
DATED 26.02.2023.
W.P.(C) Nos.17088 & 17962 of 2023
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE DATED
11.04.2023 ISSUED BY THE VILLAGE
OFFICER, PULLIPPADAM VILLAGE OFFICE.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED
17.04.2023 ISSUED BY MINE FOREMAN SRI.
SHAKEER P.P IN FAVOR OF THE 2ND
RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE AFFIDAVIT DATED
10.04.2023 SWORN BY PROPERTY OWNER
SRI. JAMAL HUSSAIN.
EXHIBIT P13 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 12.05.2023.
EXHIBIT P14 TRUE COPY OF THE CERTIFICATE DATED
04.02.2023 ISSUED BY THE VILLAGE
OFFICER, PULLIPPADAM VILLAGE OFFICE.
