Kerala High Court
M/S Hill Top Aggregates vs Kannambra Grama Panchayat on 19 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 15216 OF 2025
PETITIONER:
M/S HILL TOP AGGREGATES,
REPRESENTED BY ITS MANAGING PARTNER, DOOR
NO.XI/731,SOORY COMPLEX, KALADY P.O,ALUVA,
ERNAKULAM,REPRESENTED BY ITS MANAGING PARTNER
SRI.SATHEESH V.S., PIN - 683580
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SHRI.SAJU S. DOMINIC
RESPONDENTS:
1 KANNAMBRA GRAMA PANCHAYAT,
KANNAMBRA P.O PALAKKAD,REPRESENTED BY ITS SECRETARY,
PIN - 678686
2 THE SECRETARY,
KANNAMBRA GRAMA PANCHAYAT,KANNAMBRA P.O., PALAKKAD, PIN
- 678686
BY ADV SRI.SOJAN MICHEAL
OTHER PRESENT:
SRI.DELWIN P.B - r1 and r2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(c) No.15216 of 2025
2
2025:KER:62472
C.S.DIAS.,J
---------------------
W.P.(c) No.15216 of 2025
---------------------------
Dated this the 19th day of August, 2025
JUDGMENT
This writ petition is filed to quash Ext.P13 decision
passed by the Village Panchayat rejecting the petitioner's
application for trade licence.
2. The petitioner firm is an holder of Ext.P1 letter of
intent to conduct quarrying operations in a property
situated within the territorial limits of the 1st respondent -
Panchayat. The petitioner has received all the requisite
licences and permissions from the competent statutory
authorities. Consequently, the petitioner submitted Ext.P9
application dated 11.03.2025 before the 2 nd respondent to
obtain permission under Section 232 of the Kerala
Panchayat Raj Act, 1994 r/w Rule 5 of the Kerala Panchayat
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Raj Rules, 1996 (hereinafter referred to as" the Act and
Rules"), as evidenced by Ext.P11 receipt. By Ext.P12
communication dated 26.03.2025, the 2 nd respondent has
forwarded Ext.P13 decision of the Village Panchayat
rejecting Ext.P9 application. Ext.P13 decision is illegal and
arbitrary and against Section 232 r/w Rule 5A of the Act
and Rules. Under Section 232 of the Act, it is only the
Secretary, who is the competent authority to take a decision
on an application for trade licence. The Village Panchayat
has no jurisdiction to consider the said application.
Therefore, Ext.P13 decision may be quashed.
3. The respondents has filed a counter affidavit,
inter alia, contending that as the petitioner proposes to
operate a quarry near a residential area, and there were
widespread protests in view of anticipated landslides.
Moreover, the Village Panchayat wanted to ascertain the
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ownership of the land and the places where the explosives
would be stored. The contention of the petitioner is that
they are entitled to the deemed licence. By Ext.R1(c)
resolution, the Village Panchayat decided not to grant
permission for installation of machineries in the property.
There is no error in Ext.P13 decision of the Village
Panchayat and hence, the writ petition may be dismissed.
4. The petitioner has filed a reply affidavit refuting
the allegations and the counter affidavit. It is contended
that the order issued by the Village Panchayat as Ext.P13 is
not valid since it is passed by an incompetent authority.
Hence, the writ petition may be allowed.
5. Heard the learned counsel for the petitioner and
the learned Standing Counsel appearing for the
respondents.
6. It is an undisputed fact that the petitioner
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submitted Ext.P9 application for trade licence before the 2 nd
respondent on 11.03.2025. In the above context, it is
necessary to refer Section 232 of the Act, which reads as
follows:-
"232. Purpose for which places may not be used
without a license. - (1) The village panchayat may
notify that no place in the Panchayat area shall be
used for any of the purposes specified in the rules
made in this behalf without a license issued by the
Secretary and except in accordance with the
conditions specified in such licence:
Provided that no such notification shall take effect until
the expiry of thirty days from the date of its
publication."
7. A reading of the above provision explicitly
demonstrates that it is only the Secretary of the Panchayat,
who has the authority to consider an application for licence.
It is also necessary to refer Section 185B of the Act, which
reads as follows:-
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"185 B. Exercise of statutory functions by the officers.
- Where any officer of the panchayat is conferred with
any statutory powers and functions to be exercised
independently and solely, the panchayat, the
panchayat President, Chairman of the Standing
Committee or any member shall not interfere or
influence in the exercise of such powers and functions
by that officer.
8. A co-joint reading of the above provisions,
undoubtedly establish that it is only the Secretary who is
empowered under the Act to consider an application for
licence and no other person shall interfere or influence in
the exercise of such power.
9. In the case at hand, the petitioner submitted
Ext.P9 application for a trade licence.
10. It is not in dispute that the 2 nd respondent has
not considered the application. Instead, he relegated his
power to the Village Panchayat, who is an incompetent
authority as per the provisions of the Act, to consider an
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application for licence. But, however, the Village Panchayat
has passed Ext.P13 decision stating that the petitioner's
application cannot be considered. Ext.P13 decision is
against the provisions under the Act. Therefore, I am
satisfied that Ext.P13 decision is to be quashed and the 2 nd
respondent be directed to reconsider Ext.P9 application
strictly in accordance with law, as per the provisions
mentioned above.
In the above circumstances, this writ petition is
allowed by quashing Ext.P13 decision of the Village
Panchayat and by directing the 2nd respondent to reconsider
Ext.P9 application, in accordance with law, as expeditiously
as possible, at any rate, within two weeks from the date of
production of a copy of this judgment.
Sd/-
C.S.DIAS
JUDGE
bng
2025:KER:62472
APPENDIX OF WP(C) 15216/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT
BR.NO.7866/M3/2021 DATED 08/04/2022 ISSUED
BY THE COMPETENT AUTHORITY
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
ENVIRONMENTAL CLEARANCE DATED 22/01/2024
GRANTED BY THE COMPETENT AUTHORITY
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
EXPLOSIVE LICENSE DATED 26/03/2024, WHICH
IS VALID UPTO 31/03/2028 GRANTED TO THE
PETITIONER BY THE COMPETENT AUTHORITY
EXHIBIT P4 TRUE COPY OF THE CONSENT TO OPERATE DATED
24/04/2024, WHICH IS VALID UPTO 22/01/2029
ISSUED BY THE COMPETENT AUTHORITY
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED
19/04/2023 SUBMITTED BY THE PETITIONER FOR
PERMISSION UNDER SECTION 233 OF THE ACT
EXHIBIT P6 TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT DATED 6-3- 2025 IN W.P.(C)
EXHIBIT P7 TRUE COPY OF THE ORDER PASSED BY THE 2 ND
RESPONDENT DATED 14-3-2025, GRANTING
PERMISSION
EXHIBIT P8 TRUE COPY OF THE CLARIFICATION DATED 25-3-
2025 SUBMITTED BY THE PETITIONER
EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED
11/03/2025 SUBMITTED BY THE PETITIONER FOR
LICENSE UNDER SECTION 232 OR THE ACT, 1994,
R/W RULE 5 OF THE RULES 1996 AND THE
COVERING LETTER SANS THE DOCUMENTS
EXHIBIT P10 TRUE COPY OF THE DEMAND DRAFT DATED
11/03/2025 DRAWN TOWARDS LICENSE FEE OF
RS.25,000/-
EXHIBIT P11 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE
SUBMISSION OF APPLICATION AND SHOWING
DELIVERY DATE AS 19-3-2025 ISSUED FROM THE
OFFICE OF THE RESPONDENT
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EXHIBIT P12 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 1 ST RESPONDENT DATED 26- 3-2025
EXHIBIT P13 TRUE COPY OF THE DECISION OF THE 2 ND
RESPONDENT BEARING NO.7(1), DATED 26-3-2025
EXHIBIT P14 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
THE RESPONDENTS IN W.P.(C) NO.27264/2024
EXHIBIT P15 TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER TO THE COUNTER FILED BY THE
RESPONDENTS IN W.P.(C) NO.27264/2024
Respondents exhibits
EXHIBIT R1(A) A TRUE COPY OF THE RESOLUTION OF THE
PANCHAYAT DATED 21.08.2023.
EXHIBIT R1(B) A TRUE COPY OF THE LETTER DATED 23.05.2024
SENT BY THE RESPONDENT TO THE PETITIONER
EXHIBIT R1(C) A TRUE COPY OF THE RESOLUTION NO.3(1) DATED
29.06.2024
EXHIBIT R1(D) A TRUE COPY OF THE E-MAIL DATED 01.09.2024
SENT BY THE KOCHI-SALEM PIPELINE PRIVATE
LTD.
EXHIBIT R1(E) A PHOTOGRAPH SHOWING THE BOUNDARY STONE
PLANTED BY THE KOCHI-SALEM PIPELINE PRIVATE
LTD.
EXHIBIT R1(F) A TRUE COPY OF THE LETTER OF THE DIRECTOR
OF MINING AND GEOLOGY, KERALA DATED
08.04.2025
