Kerala High Court
Ajayan Joseph vs The Purapuzha Grama Panchayat on 6 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:73463
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
WP(C) NO. 20675 OF 2025
PETITIONER:
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.
SHRI.GEORGEKUTTY MATHEW
SRI.RENJITH THAMPAN (SR.)
RESPONDENTS:
1 THE PURAPUZHA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
PURAPUZHA P.O, IDUKKI DISTRICT, PIN - 685583
2 THE PURAPUZHA GRAIMA PANCHAYAT COMMITTEE,
REPRESENTED BY ITS PRESIDENT.
PURAPUZHA P.O, IDUKKI DISTRICT, PIN - 685583
3 THE SECRETARY
PURAPUCHA GRAMA PANCHAYAT,
PURAPUZHA P.O, IDUKKI DISTRICT, PIN - 685583
OTHER PRESENT:
STANDING COUNSEL - SRI.SHYSON P. MANGUZHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.20675 OF 2025 2
2025:KER:73463
JUDGMENT
Dated this the 6th day of October, 2025 Aggrieved by Ext. P10 order passed by the third respondent, rejecting the petitioner's application for a trade licence under Section 232 of the Kerala Panchayat Raj Act, 1994 ('Act' for short), the petitioner has preferred this writ petition.
2. The third respondent has filed a counter affidavit refuting the allegation in the writ petition.
3. It is an undisputed fact that any order passed by the President or Secretary, in exercise of their powers under the Act, Rules, By-laws or regulations made thereunder, except Sections 219AC, 219B, 219 I, 219 N, 235 I, 235 J, 235 N, 235 W and 235 X, is appealable to the Panchayat under Section 276(1) of the Act.
4. Heard; the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
WP(C) NO.20675 OF 2025 3
2025:KER:73463
5. The learned counsel for the petitioner submits that, no useful purpose would be served to file an appeal because, by Ext. P6 decision, the Panchayat Committee had rejected the petitioner's application for trade licence. By Ext. P7 judgment this Court quashed the order and directed the Secretary to consider the application for the trade license as per the mandate under Section 232 of the Act. Therefore, even if the petitioner prefers an appeal before the Village Panchayat, it would meet the same fate as in Ext. P6 decision.
6. On a consideration of the facts and the materials on record, especially on finding that the petitioner has an alternative statutory remedy under Section 276(1) of the Act and on finding that there are no extraordinary circumstances to exercise the plenary powers of this Court under Article 226 of the Constitution of India, I dismiss the writ petition, but by reserving the petitioner to work out his statutory remedies as envisaged under WP(C) NO.20675 OF 2025 4 2025:KER:73463 the Act. Needless to mention that, if the petitioner prefers an appeal challenging Ext. P10 order, the Village Panchayat of the first respondent shall consider the appeal untrammelled by any finding made in Ext. P6 decision. Taking into consideration the fact that the writ petition is pending consideration before this Court since 03.06.2025, I permit the petitioner to prefer the appeal within three weeks from today. If such an appeal is filed, the same shall be accepted on file by the Village Panchayat and be considered, in accordance with law and as expeditiously as possible, at any rate, within six weeks from the date of filing the appeal, after affording the petitioner an opportunity of being heard.
Sd/-
C.S.DIAS, JUDGE mtk/06.10.25 WP(C) NO.20675 OF 2025 5 2025:KER:73463 APPENDIX OF WP(C) 20675/2025 PETITIONER EXHIBITS EXHIBIT-P1 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-P2 TRUE COPY OF THE CONSENT TO OPERATE BEARING NO.KSPCV/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 28.1 1.2019 ISSUED BY CHAIRMAN BOARD OF MINING EXAMINATIONS SOUTHERN ZONE BANGALURU IN FAVOUR OF GOKUL KUMAR C EXHIBIT-P5 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 P6 TRUE COPY OF THE DECISION BEARING NO. 6/1 DATED 14.02.2025 TAKEN BY THE 2TM RESPONDENT COMMITTEE EXHIBIT-P7 TRUE COPY OF THE JUDGMENT DATED 10.04.2025 IN WP© 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 EXHIBIT-P10 TRUE COPY OF THE ORDER BEARING NO. WP(C) NO.20675 OF 2025 6
2025:KER:73463 1463460 - 2025 DATED 09.05.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT-P11 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-P12 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-P13 TRUE COPY OF THE TRADE LICENSE BEARING NO. 99/202 1-2022/G5-0909/2021 DATED 13.01.2022 ISSUED BY THE 3RD RESPONDENT IN FAVOR OF SRI. JOYAL T THOMAS RESPONDENT EXHIBITS Exhibit-R3(a) The true copy of the study report filed in the year 2020 by the Tropical Institute of Ecological Science (TIES)