Kerala High Court
Ajayan Joseph vs The Purapuzha Grama Panchayat on 1 April, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:29866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948
WP(C) NO. 45215 OF 2025
PETITIONER/S:
AJAYAN JOSEPH
AGED 52 YEARS
S/O. JOSEPH, KIZHAKKEDATHU HOUSE, PIRAMADAM P.O.,
ERNAKULAM DISTRICT MANAGING PARTNER, M/S K & K
GRANITES, PIRAMADAM P.O, ERNAKULAM DISTRICT,
PIN - 686667
BY ADVS.
SRI.V.M.KRISHNAKUMAR
SMT.SANJANA JAYAKUMAR
SRI RENJITH THAMPAN SR
RESPONDENT/S:
1 THE PURAPUZHA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, PURAPUZHA P.O,
IDUKKI DISTRICT, PIN - 685583
2 THE PURAPUZHA GRAMA PANCHAYAT COMMITTEE
REPRESENTED BY ITS PRESIDENT, PURAPUZHA P.O,
IDUKKI DISTRICT., PIN - 685583
3 THE SECRETARY
PURAPUZHA GRAMA PANCHAYAT, PURAPUZHA P.O, IDUKKI
DISTRICT, PIN - 685583
BY ADV
SHRI.SHYSON P.MANGUZHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.45215 OF 2025
2
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.45215 of 2025
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Dated this the 01st day of April, 2026
JUDGMENT
This Writ Petition (C) is filed seeking the following reliefs:
" (i) Call for records leading to Exts.P10, P13 and P14 and Issue a writ in the nature of certiorari quashing Exts.P10, P13 and P14 proceedings.
(ii) Declare that the petitioner is entitled to operate his quarry in the light of Ext.P9 license.
(iii) Issue a writ of Mandamus directing the 3 rd respondent to issue Trade License under section 232 of Kerala Panchayath Raj Act to the petitioner for running the quarry immediately, within the time limit fixed by this Hon'ble Court, in the interest of justice.
(iv) issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.
(v) award cost of this proceedings to the petitioners."
[SIC]
2. The petitioner propose to operate a quarry in 0.9920 hectares of land in survey No.32/2 of Purapuzha Village and obtained all statutory licenses and permissions required under law, including Environmental clearance from SEIAA, Consent to operate from the Kerala State Pollution Control Board, Explosive License, Blastman License, and Letter of Intent from the Department of Mining and Geology. The Panchayat rejected the application 2026:KER:29866 WP(C) NO.45215 OF 2025 3 submitted by the petitioner under Section 233 continuously. The main reason stated in the impugned order is that the expert agency stated that in the entire Panchayat area, quarrying should be prohibited. The petitioner relied on the Ext.P1 judgment and also relied on Exts.P16 and P17. Exts.P16 and P17 are the licenses issued for quarrying operations in the same Panchayat. Hence, this writ petition.
3. Heard counsel for the petitioner and the Standing Counsel appearing for the Panchayat.
4. This Court perused Ext.P1 judgment. It will be better to extract paragraph Nos.21 and 22 of the Ext.P1 judgment:
" 21. In our Constitutional Scheme of Governance, we have created various statutory authorities administering and governing multiple areas of social life. All statutory authorities have their own fields / areas where they have expertise. We have State Pollution Control Boards who are experts in their areas and are legally bound to consider all aspects of Air, Water and Sound pollution concerning existing and new establishments and entities. State and District Environmental Impact Assessment Authorities are expert bodies who give Environmental Clearances to new projects in consultation with District Environmental Appraisal Committees. The Explosives Act has created Commissionerates to deal with Explosives Safety concerns.
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22. When such specialised and expert statutory bodies are created, Panchayat Committees, who cannot claim expertise in those areas, cannot take a view contrary to that of other competent statutory authorities. Citizens who opt for start ups and entrepreneurships should be able to rely on the decisions and clearances given by specialised statutory bodies and go ahead with their projects. Local Self Government Institutions cannot take a view different from the views of other statutory bodies and stop or create hurdles for the entrepreneurs in going ahead with projects which are permitted under laws."
5. This Court also perused Exts.P15 to P17 license issued by the respondent Panchayat for quarrying permit. If that is the case, I am of the considered opinion that the reason mentioned in Ext.P13 will not stand. The application is to be reconsidered by the Panchayat in the light of Ext.P1 judgment and also in the light of Exts.P15 to P17.
Therefore, this writ petition is disposed of with the following directions.
1. Ext.P13 is set aside.
2. The 2nd respondent is directed to reconsider the application submitted by the petitioner in the light of Ext.P1 2026:KER:29866 WP(C) NO.45215 OF 2025 5 judgment and also in the light of Exts.P15 to P17, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 01.04.2026
Judgment dictated 01.04.2026
Draft Judgment Placed 04.04.2026
Final Judgment Uploaded 06.04.2026 2026:KER:29866 WP(C) NO.45215 OF 2025 6 APPENDIX OF WP(C) NO. 45215 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT REPORTED IN 2023 (4) KHC 484 (SINOJ THOMAS V. BALAL GRAMA PANCHAYAT) Exhibit P1(a) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE BEARING NO. 180/Q/2024 DATED 26.07.024 ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY WITH REGARD TO THE QUARRY OF THE PETITIONER Exhibit P2 TRUE COPY OF THE CONSENT TO OPERATE BEARING NO.KSPCB/ID/ICO/10077862/2025 DATED 02.02.2025 ISSUED BY THE ENVIRONMENTAL ENGINEER OF KERALA STATE POLLUTION CONTROL BOARD IN FAVOR OF THE QUARRY OF THE PETITIONER Exhibit P3 TRUE COPY OF THE EXPLOSIVE LICENSE BEARING NO. E/SE/KL/22/460(E155166) DATED 20.01.2025 ISSUED BY THE DY. CHIEF CONTROLLER OF EXPLOSIVE ERNAKULAM IN FAVOR OF THE PETITIONER Exhibit P4 TRUE COPY OF THE MINING MATE'S CERTIFICATE OF COMPETENCY BEARING NO. MR/52/1031 DATED 28.11.2019 ISSUED BY CHAIRMAN BOARD OF MINING EXAMINATIONS SOUTHERN ZONE BANGALURU IN FAVOUR OF GOKUL KUMAR C Exhibit P5 TRUE COPY OF THE LETTER OF INTENT BEARING NO. DOI/2593/M/19 DATED 26.02.2020 ISSUED BY THE GEOLOGIST IDUKKI IN FAVOR OF THE PETITIONER Exhibit P6 TRUE COPY OF THE DECISION BEARING NO.
6/1 DATED 14.02.2025 TAKEN BY THE 2ND RESPONDENT COMMITTEE Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 10.04.2025 IN WP(C) NO. 9735/2025 Exhibit P8 TRUE COPY OF THE RECEIPT BEARING NO. R -
G 060706 - 25000089 DATED 24.04.2025 ISSUED BY THE 3RD RESPONDENT ACKNOWLEDGING THE RECEIPT OF LICENSE FEE FROM THE PETITIONER Exhibit P9 TRUE PRINTOUT OF THE LICENSE BEARING NO.
BFIF01-G060706-00001-2025 APPEARED IN
THE GOVERNMENT WEBSITE VIZ.
WWW.KSMRT.ISGKERALA.GOV.IN
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WP(C) NO.45215 OF 2025
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Exhibit P10 TRUE COPY OF THE ORDER BEARING NO.
1463460 - 2025 DATED 09.05.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 06.10.2025 IN WPC NO. 20675/2025 Exhibit P12 TRUE COPY OF THE APPEAL DATED 15.10.2025 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE DECISION BEARING NO.5/1 DATED 29.10.2025 OF THE 2ND RESPONDENT COMMITTEE Exhibit P14 TRUE COPY OF THE LETTER BEARING NO.G-
6/5230039/2025 DATED 12.11.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P15 TRUE COPY OF THE TRADE LICENSE BEARING NO. G5-1220/2024 DATED 06.04.2024 ISSUED BY THE 3RD RESPONDENT IN FAVOR OF M/S KUNINJI GRANITES Exhibit P16 TRUE COPY OF THE TRADE LICENSE BEARING NO. G5-1045/2023 DATED 16.03.2023 ISSUED BY THE 3RD RESPONDENT IN FAVOR OF M/S COCHIN BLUE METAL INDUSTRIES GRANITES Exhibit P17 TTRUE COPY OF THE TRADE LICENSE BEARING NO. 99/2021-2022/G5-0909/2021 DATED 13.01.2022 ISSUED BY THE 3RD RESPONDENT IN FAVOR OF SRI. JOYAL T THOMAS