Kerala High Court
Unknown vs By Advs.Sri.Bechu Kurian Thomas (Sr.)
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940
WP(C).No. 10893 of 2018
PETITIONER(S)
METRO AGGREGATES AND SAND INDIA PVT. LTD.
REGISTERED OFFICE, 32/2982 B, SAHRUDAYA BUILDINGS,
PONNURUNNI, VYTTILA P.O,
ERNAKULAM 682 019
REPRESENTED BY DIRECTOR JOSHY MATHEW
BY ADVS.SRI.BECHU KURIAN THOMAS (SR.)
SRI.ENOCH DAVID SIMON JOEL
RESPONDENT(S):
1. PALLICHAL GRAMA PANCHAYAT
VEDIVACHANKOVIL P.O, BALARAMAPURAM,
THIRUVANANTHAPURAM 695 501
REPRESENTED BY ITS SECRETARY
2. SECRETARY
PALLICHAL GRAMA PANCHAYAT
VEDIVACHANKOVIL P.O,
BALARAMAPURAM, THIRUVANANTHAPURAM 695 501
R1-R2 BY ADV. SRI.G.P.SHINOD
R1-R2 BY ADV. SRI.RAM MOHAN.G.
R1-R2 BY ADV. SRI.GOVIND PADMANAABHAN
R1-R2 BY ADV. SRI.AJIT G.ANJARLEKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-06-2018,
ALONG WITH WP(C) NoS.10969 & 16706 OF 2018 THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C).No. 10893 of 2018 (J)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED
22.9.2008 VALID TILL 21.09.2018.
EXHIBIT P1(A) A TRUE COPY OF THE CONSENT ISSUED BY THE
POLLUTION CONTROL BOARD FOR CONDUCTING
QUARRYING OPERATIONS VALID TILL 21.09.2018.
EXHIBIT P1(B) A TRUE COPY OF THE CONSENT ISSUED BY THE
POLLUTION CONTROL BOARD FOR CONDUCTING
QUARRYING OPERATIONS VALID TILL 30.06.2018.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DTD.26.04.2016 IN
WP(C) NO.15653/2016 ON THE FILES OF THE HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DTD 06.04.2017 IN
WP(C) NO.12232/2017.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DTD. 15.02.2018
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT FOR RENEWAL OF THE LICENSE FOR
OPERATING THE QUARRY.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DTD. 15.02.2018
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT FOR RENEWAL OF LICENSE FOR
OPERATING THE CRUSHER UNIT.
EXHIBIT P5(A) TRUE COPY OF THE RECEIPTS DTD.17.02.2018 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 27.02.2018
NUMBERED AS NO.A1-1474/18 ISSUED BY THE 2ND
RESPONDENT RELATING TO THE RENEWAL
APPLICATION FOR THE QUARRY.
EXHIBIT P6(A) A TRUE COPY OF THE LETTER DTD. 27.02.2018
NUMBERED AS NO.A1-1473/18 ISSUED BY THE 2ND
RESPONDENT RELATING TO THE RENEWAL
APPLICATION FOR THE CRUSHER UNIT.
RESPONDENT'S EXHIBITS:
EXT.R2(a) A TRUE COPY OF THE FILE NOTES PERTAINING TO EXHIBIT P4
APPLICATION
EXT.R2(b) A TRUE COPY OF THE FILE NOTES PERTAINING TO EXHIBIT P5
APPLICATION
EXT.R2(c) A TRUE COPY OF THE LETTER DATED 31.03.2018 SENT BY THE
2ND RESPONDENT TO THE PETITIONER
EXT.R2(d) A TRUE COPY OF THE LETTER DATED 31.03.2018 SENT BY THE
2ND RESPONDENT TO THE PETITIONER.
// True copy //
PA to Judge
das
A.K.JAYASANKARAN NAMBIAR, J.
===========================================
W.P.(C). Nos. 16706 of 2018(K),
10893 of 2018(J) & 10969 of 2018(U)
=====================================================
Dated this the 22nd day of June, 2018
JUDGMENT
As all these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment.
The petitioners, who are stated to be conducting quarrying / crusher operations, have applied for a renewal of D&O licenses. It is stated that the applications for renewal of license were supported by the necessary documents to show that the petitioners had the necessary clearances and permissions from the statutory authorities for conducting the quarrying operations. The applications were also accompanied by the requisite fee contemplated under the Kerala Panchayat Raj Act and Rules. It is the case of the petitioners that, no decision was taken by the Panchayat either accepting or rejecting the applications of the petitioners for renewal of the D&O license, within the thirty day period stipulated in Section 236(3) of the Kerala Panchayat Raj Act read with Rule 12(3)(c) of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996, (D&O Rules for short). It is also the case of the petitioners -2- W.P.(C). Nos. 16706 of 2018 & Con.cases that, under the said circumstances, although subsequently a communication was received from the Panchayat seeking certain clarifications so as to process the application submitted by the petitioners, the same would not suffice to prevent the petitioners from getting the benefit of the deeming provision under Section 236(3) of the Act.
2. I have heard the learned counsel appearing for the petitioners in all these cases as also the learned Standing Counsel appearing for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find from a perusal of the averments in the writ petitions that, within the period of thirty days from the date of submission of the applications for renewal, there was no communication from the respondent Panchayat to the petitioners, indicating that the applications for renewal had been rejected. Taking cue from the decisions of this Court in Rajesh Ramachandran v. Corporation of Trivandrum [2008 (3) KLT 419], which was affirmed by a Division Bench in Sudhakaran v. Pallichal Grama Panchayat [2016 (2) KLT 175], I find that the petitioners are entitled to the benefit of the deeming -3- W.P.(C). Nos. 16706 of 2018 & Con.cases provision under Section 236(3) of the Panchayat Raj Act and consequently, certificate indicating that they have a deemed license to carry out the quarrying / Crusher operations for the year 2018-2019, as applied for. I therefore, allow the writ petition by directing the respondent Panchayat to issue certificates stating that the petitioners are entitled to deemed license in terms of Section 236(3) of the Panchayat Raj Act, for carrying on the quarrying/crusher operations for the year 2018-2019. The respondent Panchayat shall issue the certificate to the petitioners within a period of two weeks from the date of receipt of a copy of this judgment. I make it clear that nothing in this judgment shall stand in the way of the respondent Panchayat initiating any proceedings for cancellation of the said license, in the event of them finding that the petitioners are carrying on the quarrying/crusher operations in violation of the conditions in the deemed license or in violation of any of the statutory provisions.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE das/22.06.2018