Kerala High Court
M/S. Black Diamond Rock Products Llp vs The Ayyambuzha Grama Panchayath on 9 December, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 25TH DAY OF SEPTEMBER 2017/3RD ASWINA, 1939
WP(C).No. 23978 of 2017 (V)
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PETITIONER(S) :
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M/S. BLACK DIAMOND ROCK PRODUCTS LLP,
REPRESENTED BY ITS MG.PARTNER, SRI. GEORGE V.MANGALY,
MANGALY HOUSE, MANJAPPRA P.O., ERNAKULAM DISTRICT.
BY SRI.GRASHIOUS KURIAKOSE (SENIOR ADVOCATE)
ADVS. SRI. M.V.ASHIM
SRI.BABY KURIAKOSE
RESPONDENT(S) :
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1. THE AYYAMBUZHA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
AYYAMBUZHA P.O., ERNAKULAM DISTRICT-683 581.
2. THE SECRETARY,
AYYAMBUZHA GRAMA PANCHAYATH,
AYYAMBUZHA P.O., ERNAKULAM DISTRICT-683 581.
BY ADV. SRI.K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25-09-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 23978 of 2017 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF INDENT OF LEASE ISSUED TO THE PETITIONER
FIRM FROM GEOLOGY DEPARTMENT.
EXHIBIT P2 TRUE COPY OF THE RECOMMENDATION OF DEAC IN
THE PETITIONER'S APPLICATION DATED 09.12.2016.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P(C).NO.2906/2017 OF
THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT
COLLECTOR DATED 27.03.2017 DISMISSING THE PETITION
SUBMITTED BY SMT.JAYA MATHCHAN.
EXHIBIT P5 ENVIRONMENTAL CLEARING (EC) DATED 02.05.2017 ISSUED BY
THE DEIAA, ERNAKULAM.
EXHIBIT P6 TRUE COPY OF EXPLOSIVE LICENSE DATED 18.08.2004.
EXHIBIT P7 TRUE COPY OF THE RENEWAL ORDER ISSUED BY THE KERALA
STATE POLLUTION CONTROL BOARD DATED 03.06.2017.
EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT
PANCHAYATH DATED 04.07.2017.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND
RESPONDENT TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.B.SURESH KUMAR, J.
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W.P.(C.) No. 23978 of 2017
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Dated this the 25thday of September, 2017
JUDGMENT
The petitioner has preferred an application before the second respondent, the Secretary of the first respondent Panchayat under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (the Rules) for licence to operate a quarry. The application has been placed by the second respondent before the first respondent and the first respondent rejected the application as per Ext.P8 order. According to the petitioner, the reasons stated by the first respondent in Ext.P8 order are unsustainable in the light of the decision of this Court in Ramapuram Grama Panchayat v. St.Basil Industries India Pvt. Ltd. [2016 (2) KLT 219]. The petitioner, therefore, challenges Ext.P8 order in this proceedings on the aforesaid ground. W.P.(C.) No. 23978 of 2017 2
2. Heard the learned Senior Counsel for the petitioner as also the learned counsel for the Panchayat.
3. It is seen that in terms of the provision contained in Section 232 of the Kerala Panchayat Raj Act, the competent authority to take decisions on the applications for issue of licence under Rules is the Secretary of the Panchayat, and the committee of the Panchayat is the appellate authority as far as the decisions taken by the Secretary are concerned under Section 276 of the said Act. When the statute requires the Secretary of the Panchayat to take decisions on the applications preferred for licence and the committee of the Panchayat to examine the correctness of the said decisions, the Panchayat is not expected to deal with the applications for licence at all. On that short point, the impugned decision is liable to be interfered with.
In the result, the writ petition is allowed, Ext.P8 order is quashed and the Secretary of the Panchayat is directed to take a decision on the application W.P.(C.) No. 23978 of 2017 3 for licence preferred by the petitioner, in the light of the decision of this Court Ramapuram Grama Panchayat v. (supra). This shall be done within one month from the date of receipt of a copy of this judgment.
Sd/-
P.B. SURESH KUMAR,
SKS JUDGE