Kerala High Court
Fivestar Metals (P) Ltd vs Muthalamada Grama Panchayath on 30 September, 1994
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934
WP(C).No. 13080 of 2012 (H)
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PETITIONER(S):
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FIVESTAR METALS (P) LTD., AGED 35 YEARS
REPRESENTEED BY ITS MANAGING DIRECT MR.A.G.MADHAVAN
MOOCHANKUNDU
GOVINDAPURAM (PO), MUTHALAMADA PALAKKAD-678 507.
BY ADVS.SRI.M.R.ANISON
SMT.K.P.GEETHA MANI
SMT.P.A.RINUSA
SMT.ANNIE JACOB
RESPONDENT(S):
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MUTHALAMADA GRAMA PANCHAYATH
REPRESENTED BY ITS SPECIAL GRADE SECRETARYMUTHALAMADA
PALAKKAD DISTRICT. 678 507.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.13080/12
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT-P1 - TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF
PETITIONER COMPANY DATED 30.09.1994.
EXHIBIT-P2 - TRUE COPY OF THE LATEST LICENSE ISSUED IN FAVOUR OF THE
PETITIONER FOR USE OF EXPLOSIVES DATED 7-12-2011 RENEWED UPTO 31ST
MARCH 2014.
EXHIBIT-P3 - TRUE COPY OF THE LATEST CERTIFICATE OF COMPETENCY TO CARRY
OUT BLASTING OF EXPLOSIVES IN THE PETITIONER'S PREMISES DATED 25.5.2011.
EXHIBIT-P4 - TRUE COPY OF THE LATEST SHORT FIRE'S CERTIFICATE ISSUED
UNDER EXPLOSIVES RULES 2008 DATED 25-5-2011.
EXHIBIT-P5 - TRUE COPY OF THE LATESTQUARRYING PERMIT DATED 14.5.2012.
EXHIBIT-P6 - TRUE COPY OF THE LATEST CONSENT ORDER TO OPERATE "STONE
CRUSHER UNIT" IN THE PETITIONER'S PREMISES ISSUED BY THE POLLUTION
CONTROL BOARD UNDER AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981
FOR THE PERIOD FROM 29-7-2009 TO 30-6-2012.
EXHIBIT-P7 - TRUE COPY OF THE LATEST CONSENT TO OPERATE "QUARRYING
UNIT" IN THE PETITIONER'S PREMISES ISSUED BY THE POLLUTION CONTROL
LBOARD UNDER AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981 FOR THE
PERIOD FROM 29-7-2009 TO 30-6-2012
EXHIBIT-P8 - TRUE COPY OF THE LATESTV 'NO OBJECTION CERTIFICATE' ISSUED
BY THE DISTRICT MEDICAL OFFICER, PALAKKAD DATED 19.10.2011 WOTH THE
SITE PLAN AND SKETCH.
EXHIBIT-P9 - TRUE COPY OF THE LATEST LICENCE ISSUED BY THE PANCHAYATH
FOR CARRYING ON 'QUARRYING OPERATION' IN THE PETITIONER'S PREMISES FOR
THE YEAR 2011-2012.
EXHIBIT-P10- TRUE COPY OF THE LATEST LICENCE ISSUED BY THE PANCHAYATH
FOR CARRYING ON 'STONE CRUSHING OPERATION' IN THE PETITIONER'S PREMISES
FOR THE YEAR 2011-2012.
EXHIBIT-P11 - TRUE COPY OF THE RECEIPTS SHOWING PAYMENT OF RENEWED
LICENSE FEES FOR RENEWAL OF BOTH THE LICENSES FOR THE YEAR 2012-13
DATED 8-2-2012.
EXHIBIT-P12 - TRUE COPY OF THE RECEIPTS SHOWING PAYMENT OF RENEWAL
LICENSE FEES FOR RENEWAL OF BOTH THE LICENSES FOR THE YEAR 2012-13
DATED 8-2-2012.
EXHIBIT-P13 - TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER
SEEKING POLICE PROTECTION DATED 5-1-2012
EXHIBIT-P14 - TRUE COPY OF THE WPC.NO.4604/2012 (EXCLUDING EXHIBITS)
FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT.
//True Copy//
PA to Judge
Rp
ANTONY DOMINIC, J.
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W.P.(C) NO. 13080 OF 2012
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Dated this the 6th day of June, 2012
J U D G M E N T
Petitioner is a company which has established a granite quarry and a metal crusher unit. This establishment was licenced by the respondent and it is seen from Exts.P9 and P10 that the licence was renewed upto 31/3/12. Petitioner sought renewal of the licence by remitting the required fee, the receipts of which are Exts.P11 and P12. The grievance is that despite making the applications as early as on 8/2/12, Panchayat has not passed orders on the applications. It is in these circumstances, the writ petition is filed seeking a direction to the Panchayat to pass orders on the applications made by the petitioner.
2. Having heard the learned senior counsel for the petitioner, I feel that the only order that is required to be issued in this case is to require the Panchayat to pass orders on the applications, which is stated to have been made by the petitioner.
Therefore, I dispose of this writ petition itself directing that the Panchayat shall consider the applications and pass orders WPC.No.13080/12 :2 : thereon, at any rate within 3 weeks of production of a copy of this judgment along with a copy of the writ petition.
ANTONY DOMINIC, JUDGE Rp