Judgment
2024:KER:59996 W.P(C) No. 16836/24 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 5TH DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 WP(C) NO. 16836 OF 2024 PETITIONER/S:
BIJU.M, AGED 48 YEARS S/O. MADHAVAN,MANAGING PARTNER, ULTRA SAHARA SAND,PUTHUCODE, KANNANOOR, PALAKKAD,RESIDING AT REGHU NIVAS, ERIMAYOOR, ALATHUR, PALAKKAD, PIN - 678546 BY ADVS.
K.MOHANAKANNAN NAVANEETH D.PAI RESPONDENT/S:
1 PIRAYIRI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PIRAYIRI P.O.,PALAKKAD DISTRICT, PIN - 678004 2 THE SECRETARY, PIRAYIRI GRAMA PANCHAYAT, PIRAYIRI P.O.,PALAKKAD DISTRICT, PIN - 678004 3 THE PANCHAYAT COMMITTEE OF PIRAYIRI GRAMA PANCHAYAT, ,REPRESENTED BY ITS PRESIDENT, PIRAYIRI P.O., PALAKKAD DISTRICT, PIN - 678004 4 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENT ENGINEER,PALAKKAD DISTRICT OFFICE, NEAR DISTRICT PANCHAYAT OFFICE,PALAKKAD, PIN - 678001 5 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,MUNICIPAL SHOPPING COMPLEX, T.B.ROAD, PALAKKAD, PIN - 67801
2024:KER:59996 W.P(C) No. 16836/24 2 BY ADV SURAJ S OTHER PRESENT:
SMT.DEVI SHRI R., GP, SRI.T.NAVEEN, SC, SRI.R.RAJPRADEEP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:59996 W.P(C) No. 16836/24 3 MOHAMMED NIAS C.P., J.
...........................................................
W.P(C) No.16836 of 2024 .............................................................
Dated this the 5th day of August, 2024 JUDGMENT The writ petition is filed for quashing Ext.P7 by which the application for grant of D& O Licence, though recommended by the Secretary of the Panchayat, was refused by the Panchayat Committee on the ground that the running of the business by the petitioner may cause pollution resulting in health hazard.
2. The learned counsel for the petitioner submits that he intended to start a business in the stock and sale of minerals for which he had obtained all licences including from the Pollution Control Board, as seen from Ext.P4.
3. Ext.P7 is illegal for two reasons, firstly that a decision on an application preferred under Section 232 of the Panchayat Raj Act is to be taken by the Secretary independently. In the instant case, the Secretary has granted permission. However, it was the Panchayat Committee that refused the licence to the petitioner. The alleged pollution stated in Ext.P7 is only anticipatory in nature. Earlier, the petitioner was serviced with Ext.P3 notice where the solitary objection was that the petitioner has not produced consent from the Pollution Control Board. It is seen that after the petitioner received consent from the Pollution Control Board, different reasons are given in Ext.P7.
4. In view of the above, Ext.P7 is quashed. There will be a direction to the
2024:KER:59996 W.P(C) No. 16836/24 4 2nd respondent to consider the application for D&O Licence preferred by the petitioner, if the same is otherwise in order, and pass orders on the same within a month from today. However, it is made clear that the grant of licence to the petitioner will not prevent respondents 1 and 2 from taking action against the petitioner in case the running of his business is causing any pollution as alleged in Ext.P7.
Subject to the above, the writ petition is allowed.
SD/- MOHAMMED NIAS C.P.
JUDGE okb/
2024:KER:59996 W.P(C) No. 16836/24 5 APPENDIX OF WP(C) 16836/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT DATED 08/12/2023 Exhibit P2 TRUE COPY OF THE PRINTED FORM OF APPLICATION FOR LICENSE DATED 08/12/2023 Exhibit P3 TRUE COPY OF THE COMMUNICATION SENT BY THE 2 ND RESPONDENT TO THE PETITIONER, NO.
400794/RPTL19/GPO/2023/8031/(1) DATED 04/02/2024 Exhibit P4 TRUE COPY OF THE CONSENT ISSUED BY THE 5 TH RESPONDENT, FILE NO.
KSPCB/PL/ICO/10062650/2024 DATED 23/03/2024 Exhibit P5 TRUE COPY OF THE DEALER’S LICENCE NO.
52/2023-24/DL/GBS/DOPAL-DMG/1183/2023-M ISSUED BY THE 5 TH RESPONDENT TO THE PETITIONER DATED 24/07/2023 Exhibit P6 TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER THE GST ACT DATED 15/12/2023 Exhibit P7 TRUE COPY OF THE MINUTES OF THE MEETING OF THE 3 RD RESPONDENT PANCHAYAT DATED 12/04/2024 RESPONDENT EXHIBITS Exhibit R2(a) A copy of the petition and the minutes of the action council submitted before the 2nd respondent