Balan vs Meppayur Grama Panchayath
2024 Latest Caselaw 10123 Ker

Kerala High Court

Balan vs Meppayur Grama Panchayath on 5 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                        WP(C) NO. 38351 OF 2023
PETITIONER:

            BALAN,
            AGED 73 YEARS
            SON OF KANARAN, KEEZHPAYYOOR, MEPPAYUR P.O.,
            MEPPAYUR VILLAGE, KOYILANDY TALUK,
            KOZHIKODE DISTRICT, PIN - 673004
            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ


RESPONDENTS:

    1       MEPPAYUR GRAMA PANCHAYATH,
            MEPPAYUR, KOZHIKODE DISTRICT REPRESENTED BY ITS
            SECRETARY, PIN - 673524
    2       THE SECRETARY,
            MEPPAYUR GRAMA PANCHAYATH,
            MEPPAYUR, KOZHIKODE DISTRICT, PIN - 673524
            BY ADVS.
            K.ABOOBACKER SIDHEEQUE
            ABDUL JALEEL ONATH
            VISHNU NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38351 OF 2023
                           ..2..



                MOHAMMED NIAS C.P., J.
          =========================
              W.P.(C.) No. 38351 of 2023
          =========================
          Dated this the 5th day of April, 2024



                     JUDGMENT

The petitioner made an application before the

panchayath on 26.05.2023 for permission to run a granite

quarry. He submits that he has all the above requisite

permissions, as seen from Ext.P1 to P3. By the impugned

order, Ext.P6, the panchayat has rejected the application

vide order dated 04.11.2023. Although no reason was

stated in Ext.P6, in the counter affidavit, it is stated that

the operation of a granite quarry will affect the ecological

balance of the area where a project was initiated by the

Central Government (Jel Jeevan Mission Project)to address

the issues of the people of the locality who are facing

severe water scarcity issues.

2. The learned counsel for the petitioner submits WP(C) NO. 38351 OF 2023 ..3..

that the Full Bench decision of this Court in Tomy

Thomas v. State of Kerala (2019 (3) KLT 987) wherein it

was held that after the amendment Act, 14 of 2018 by

the omission of clause (b) of Sub Section 3 of Section 233,

the power of the Village Panchayat to refuse the

permission has been taken away by the Legislature. This

has been followed thereafter by this Court in Malayoram

Rock Products Pvt. Ltd. v. Vanimel Grama

Panchayat (2021 (4) KLT online 1131) in W.P.(C.) No.

10498 of 2021.

3. The reason stated by the Panchayat is not

based on any expert opinion, but just an apprehension,

and in such circumstances going by the decisions noticed

above, Ext.P6 cannot be sustained; accordingly, the same

is quashed.

4. There will be a direction to the panchayat to

reconsider the application for the D & O license submitted

by the petitioner and to grant the same if the application

is otherwise in order. The same shall be done within one WP(C) NO. 38351 OF 2023 ..4..

month from today.

The writ petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P.,

JUDGE LU WP(C) NO. 38351 OF 2023 ..5..

APPENDIX OF WP(C) 38351/2023

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE OF PETITIONER ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY (SEIAA) DATED 3.3.2023 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF RENEWED EXPLOSIVE LICENSE OF PETITIONER DATED 9.5.2023 ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVE, ERNAKULAM EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE DATED 15.5.2023 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 26.5.2023 ISSUED BY THE SECOND RESPONDENT ON BEHALF OF FIRST RESPONDENT ALONGWITH READABLE COPY EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 29/09/2023 IN W.P.C. N0. 19426/2023 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 4.11.2023 ISSUED BY THE SECOND RESPONDENT EXHIBIT P7 TRUE COPY OF THE DECISION OF THE FIRST RESPONDENT DATED 02.11.2023 EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF FULL BENCH OF THIS HONOURABLE COURT IN TOMY THOMAS VS STATE OF KERALA 2019(3) KLT 987(FB) EXHIBIT P9 TRUE COPY OF JUDGEMENT OF THIS HONOURABLE COURT DATED 5/7/2023 IN

RESPONDENT EXHIBITS :

EXHIBIT-R1(A) THE TRUE COPY OF THE MINUTES (RELEVANT PAGES) DATED 2.11.2023 PASSED BY THE PANCHAYAT AUTHORITIES.

             //    True Copy //      PA To Judge