Kerala High Court
M/S Maria Granites vs Thidanadu Grama Panchayat
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 28TH DAY OF JUNE 2018 / 7TH ASHADHA, 1940
WP(C).No. 12605 of 2018
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PETITIONER :
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M/S MARIA GRANITES
MALLIKASSERY (PO), PAIKA, PALA,
KOTTAYAM DISTRICT-686577,
REPRESENTED BY ITS MANAGING PARTNER JOHN JACOB M.
BY ADV.SRI.JOBI JOSE KONDODY
RESPONDENTS :
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1. THIDANADU GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
THIDANADU GRAMA PANCHAYAT OFFICE,
THIDANADU (PO), KOTTAYAM DISTRICT,
PIN-686123.
2. THE SECRETARY, THIDANADU GRAMA PANCHAYAT,
THIDANADU GRAMA PANCHAYAT OFFICE,
THIDANADU (PO), KOTTAYAM DISTRICT,
PIN-686123.
3. MEENACHIL GRAMA PANCHAYAT,
REPRESENTED BY SECRETARY,
MEENACHIL GRAMA PANCHAYAT OFFICE,
EDAMATTOM P.O., KOTTAYAM DISTRICT-686577.
4. THE SECRETARY, MEENACHIL GRAMA PANCHAYAT OFFICE,
EDAMATTOM P.O., KOTTAYAM DISTRICT-686577.
R1 BY ADV. SRI.JOHNSON MATHEW
R3 & R4 BY ADV. SRI.P.C.HARIDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-06-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
2/7/2018
WP(C).No. 12605 of 2018 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE GRANTED BY
THE STATE GOVERNMENT IN FAVOUR OF THE THEN
MANAGING PARTNER OF THE PETITIONER FIRM DATED
13.02.2012 WHICH IS VALID UPTO 12.02.2024.
EXHIBIT P2 A TRUE COPY OF THE D & O LICENSE DATED 01.04.2017
GRANTED BY THE MEENACHIL GRAMA PANCHAYAT TO
THE PETITIONER FIRM FOR OPERATING ITS QUARRY
FOR THE YEAR 2017-2018.
EXHIBIT P3 A TRUE COPY OF THE D & O LICENSE DATED 01.04.2017
GRANTED BY THE MEENACHIL GRAMA PANCHAYAT TO
THE PETITIONER FIRM FOR OPERATING ITS QUARRY
FOR THE YEAR 2017-2018.
EXHIBIT P4 A TRUE COPY OF THE D & O LICENSE DATED 01.04.2017
ISSUED BY THE SECOND RESPONDENT TO THE
PETITIONER FIRM TO OPERATE ITS QUARRY DURING
THE FINANCIAL YEAR 2017-2018.
EXHIBIT P5 A TRUE COPY OF THE D & O LICENSE ISSUED BY THE
MEENACHIL GRAMA PANCHAYAT FOR OPERATING THE
M SAND UNIT WITH THE TERRITORIAL LIMITS OF
MEENACHIL GRAMA PANCHAYAT WITHOUT DATE FOR
THE YEAR 2017-18.
EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 18.01.2018
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT FOR RENEWING EXT. P4 BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE RECEIPT EVIDENCING
ACKNOWLEDGEMENT DATED 14.02.2018 OF EXT.P6 BY
THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE APPLICATION DATED 18.01.2018
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT.
EXHIBIT P9 A TRUE COPY OF RECEIPT EVIDENCING
ACKNOWLEDGMENT 14.02.2018 OF EXT.P8 BY THE 4TH
RESPONDENT.
EXHIBIT P10 A TRUE COPY OF APPLICATION DATED 18.01.2018 FOR
RENEWAL OF EXT.P5, THE MANUFACTURING SAND
UNIT OF THE PETITIONER COVERED WIDE EXT.P5 FOR
THE YEAR 2018-24 BEFORE THE 4TH RESPONDENT.
WP(C).No. 12605 of 2018 (A)
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EXHIBIT P11 A TRUE COPY OF RECEIPT EVIDENCING
ACKNOWLEDGMENT 14.02.2018 OF EXT.P10 BY THE 2ND
RESPONDENT.
EXHIBIT P12 A TRUE COPY OF ORDINANCE NO.22/2017 PUBLISHED BY
THE GOVERNMENT OF KERALA IN GAZETTE DATED 20.10.2017.
EXHIBIT P13: COPY OF THE LICENSE RENEWAL APPLICATION DATED 12/6/2018
SUBMITTED BY THE PETITIONER BEFORE THE FOURTH
RESPONDENT FOR RENEWAL OF HIS D & O LICENSE FOR HIS
QUARRY FROM 01/7/2018.
EXHIBIT P14: COPY OF THE LICENSE RENEWAL APPLICATION DATED 12/6/2018
SUBMITTED BY THE PETITIONER BEFORE THE FOURTH
RESPONDENT FOR RENEWAL OF HIS D & O LICENSE FOR HIS
CRUSHER UNIT FROM 1/7/2018 TO 30/6/2023.
EXHIBIT P15: COPY OF THE LICENSE RENEWAL APPLICATION DATED 12/6/2018
SUBMITTED BY THE PETITIONER BEFORE THE FOURTH
RESPONDENT FOR RENEWAL OF HIS D & O LICENSE FOR HIS M
SAND UNIT FROM 1/7/2018 TO 30/6/2023.
EXHIBIT P16: COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 12/6/2018
ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER
EVIDENCING RECEIPT OF EXHIBITS P13 TO 015.
RESPONDENT(S)' EXHIBITS
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EXHIBIT R4A TRUE COPY OF THE APPLICATION DATED 14-02-2018 FOR
RENEWAL QUARRYING LICENSE
EXHIBIT R4B TRUE COPY OF THE APPLICATION DATED 14-02-2018 FOR
RENEWAL OF LICENSE TO CRUSHER
EXHIBIT R4C TRUE COPY OF THE APPLICATION DATED 14-02-2018 FOR
RENEWAL OF LICENSE FOR M SAND UNIT.
//TRUE COPY//
P.A. TO JUDGE
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2/7/2018
SHAJI P.CHALY, J.
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W.P.(C) No.12605 of 2018
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Dated this the 28th day of June 2018
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
"I) Issue a writ of mandamus directing the respondents 2 and 4 to renew Exts.P2, P3, P4 and P5 based on Ext.P6, P8 and P10 applications for the year 2018-2024 based on the proviso to Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 as well as Ext.P12 ordinance issued by the Government of Kerala.
II Issue such other reliefs which this Honourable Court maay deems fit and appropriate in the facts and circumstances of this case."
Petitioner is a partnership firm, conducting quarry and crusher operations in and around 30 acres of land comprised in Survey Nos.477/4-, 101, 102, 103 of Poovarani and Kondoor Village in Meenachil Taluk of Kottayam District. The said area comes within the territorial limits of Meenachil Grama Panchayat and Thidanad Grama Panchayat. Petitioner firm was granted with Exts.P2, P3, P4 and P5 D & O licences for operating its quarry W.P.(C) No.12605 of 2018 2 unit, crusher unit and M-sand unit by respondents 2 and 4. Even though petitioner submitted Exts.P6, P8 and P10 applications for renewal of D & O licence under the Kerala Panchayat Raj Act, 1994 and the Kerala Panchayat (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules 1996 (hereinafter referred to as 'Rules 1996' for short), for the period commencing from 1.4.2018 to 31.3.2024 in accordance with Rule 8 of the Rule, 1996, the license was extended only up to 20.6.2018 on the ground that the consent issued by the Pollution Control Board, expires on the aforesaid date. According to the petitioner, the renewal of consent was sought for, which was granted by the Pollution Control Board from the date of expiry for a period of 5 years. Thereupon petitioner has submitted Exts.P13 to P15 applications seeking to issue the license for a period of 5 years in accordance with Rules, 1996, which is pending consideration. Petitioner seeks appropriate direction to the respective Panchayat to take decision on the application submitted by the petitioner.
2. A detailed counter affidavit is filed basically contending that the licence was extended by the 4th respondent up to 30.6.2018, basically relying upon the consent issued by the W.P.(C) No.12605 of 2018 3 Pollution Control Board, having validity up to the aforesaid date. It is also contended that in the application submitted by the petitioner, the period was corrected as 2018-2019. It was thereupon that the limited licence was granted to the petitioner by the 3rd and 4th respondents up to 30.6.2018. Other contentions are also raised justifying the action for renewing the licence up 30.6.2018. A reply affidavit is also filed by the petitioner reiterating the stand adopted in the writ petition.
3. I have heard learned Counsel for the petitioner and the learned Counsel appearing for the 3 rd and 4th respondents and perused the pleadings and documents on record.
4. The subject issue revolves around Rule 8 of 1996, which is dealing with period of licence, which read thus:
Period of licence:The period of every licence issued under Rule 6, will expire at the end of the year unless for special reasons, the President considers that it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein. Provided that the period of licence in respect of factory, industrial establishment etc. shall be fixed as five years and in such cases five times of the fee for licence per annum fixed by the Panchayat under Schedule III and IV shall be realised in advance."
Therefore, on a reading of the aforesaid Rules, it is categoric and clear that so far as the licence with respect to factory and industrial establishment etc. are concerned, the same 'shall' be W.P.(C) No.12605 of 2018 4 fixed as five years, and in such cases five times of the fees for licence per annum fixed by the Panchayat under Scheule III and Schedule IV shall be realised in advance.
5. The imperative term used under Rule 8 makes it clear and significant that whenever a licence application of such establishments are considered, the same will have to be considered and if issued, it shall be issued for a period of 5 years accepting the fees recited to thereunder.
6. That being the situation and evaluating the pros and cons and facts and figures, there will be direction to the respondents to consider the licence applications submitted by the petitioner in accordance with law, relying upon, Rule 8 of Rule 1996 and also taking into account all other permits/consents/permissions issued by the respective statutory authority. A decision shall be taken at the earliest possible time.
The writ petition is disposed of accordingly.
SHAJI P.CHALY JUDGE jm/