Ceeyen Stone Crusher vs. The State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THUR AY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940 WP(C).No. 33940 of 2018 PETITIONER/S: CEEYEN STONE CRUSHER, 40/1, MUNDATHADAM, PARAPPA, KASARGOD - 671 533, REPRESENTED BY ITS MANAGING PARTNER C.NARAYANAN, AGED 60 YEARS, S/O.KUMARAN, SINEESH NIVAS, CHAYYOTH P.O., NEELESWARAM, KASARAGOD. BY ADVS. SRI.C.P.PEETHAMBARAN SRI.M.RAMESH CHANDER (SR.) RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DISTRICT COLLECTOR KASARGOD-671 121. 3 KINANNOOR KARINTHALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KARINDALAM P.O., KASARGOD-671314. 4 THE SECRETARY KINANNOOR KARINTHALAM GRAMA PANCHAYATH, KARINDALAM P.O., KASARGOD-671314. 5 ADDL. R5. KOLAMKULAM MELEPOYIL OMANGANAM KUDIVELLA SHUCHITHWA PADHATHI GUNABHOKTHRUSAMITHI REG.NO.KSR/CA/459/2015, KINANOOR KARINTHALAM GRAMA PANCHAYATH PIN - 671 533, KASARGOD DISTRICT REPRESENTED BY ITS SECRETARY SOMASUNDARAN.V.P. ADDL.R5 IS IMPLEADED AS PER ORDER DATED 14/2/2018 IN IA NO. 1 OF/2019 BY ADVS. R5 SRI.JOSE J.MATHAIKAL R3 & R4 SRI.M.SASINDRAN R1 & R2 SMT.RAJI.T.BHASKAR,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33940 of 2018 2 JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs:- i)declare that the petitioner is entitled to get a deemed D & O License for running a Quarry in Resurvey No. 496/2A, 496/2B, 496/3 of Parappa Village, Vellarikundu Taluk, Kasargod District, extending 0.7871 Hectors of land. ii)issue a writ of Mandamus or any other appropriate writ, Order or direction, directing the 4th respondent to issue certificate of Deemed D& O license to the petitioner in respect of quarrying in Resurvey No. 496/2A, 496/2B, 496/3 of Parappa Village, Vellarikundu Taluk, Kasargod District, extending 0.7871 Hectors of land, as applied vide Exhibit-P7, within a time fixed by this Hon'ble Court.
According to the petitioner, petitioner has secured all necessary licences and clearances from the respective statutory authorities for conducting quarrying operations, thereafter submitted an application before the 3rd respondent Grama Panchayath for securing a D & O licence. Case of the petitioner is that, even after the lapse of 30
WP(C).No. 33940 of 2018 3 days, the licence was not issued to the petitioner,
therefore the petitioner is entitled to get the benefits of Section 236(3) of the Kerala Panchayath Raj Act, 1994 (herein after referred to as the Act, 1994). However learned senior counsel appearing for the petitioner pointed out that the unit could not be started due to certain reasons, even though petitioner had the deemed licence.
A detailed counter affidavit is filed by respondents 3 and 4 also stating that, after the submission of the D & O licence application by the petitioner, Panchayat has issued an order directing the petitioner to produce certain documents. Therefore, consequent to the issuance of the communication, petitioner is not entitled to get a deemed licence.
I have heard learned senior counsel for the petitioner, learned counsel appearing for the Panchayath as well as the additional 5th respondent and perused the pleadings and documents on record. Predominant contention advanced by the learned
WP(C).No. 33940 of 2018 4 senior counsel for the petitioner is relying upon the provisions of the Kerala Panchayath Raj (Manner of Service of notices) Rules, 1996, to canvass the proposition that the statement made in the counter that a communication was issued, so as to interfere with securing of a deemed licence was not received by the petitioner and such a statement is made in the counter affidavit in order to get over the deeming licence accrued to the petitioner as per the provisions of Section 236(3) of the Act, 1994. I find force in the said contention and also the financial year is to end on 31.03.2019, therefore it is only appropriate that the Secretary of the Grama Panchayat is directed to issue a D & O licence in paper form to the petitioner upto 31.03.2019. If the petitioner makes any application for the ensuing period 2019-20, seeking any D& O licence, at that stage of the proceedings, Panchayat will be at liberty to issue notice to any objectors and hear all the parties and take a final decision in accordance with law. Parties also will be at liberty
WP(C).No. 33940 of 2018 5 to file any additional statements or documents in order to canvass the case put forth by them. The writ petition is disposed of, accordingly. SHAJI P.CHALY JUDGE Hmh
WP(C).No. 33940 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF REGISTRATION CERTIFICATE ALONG WITH PARTNERSHIP DEED OF PETITIONER'S FIRM. EXHIBIT P2OF THE GST REGISTRATION CERTIFICATE ISSUED ON 25.9.2017 TO THE PETITIONER. EXHIBIT P3OF THE ENVIRONMENTAL CLEARANCE NO.136/2018 DATED 25.5.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KASARGOD. EXHIBIT P4OF THE CONSENT TO OPERATE REGISTRATION OBTAINED FROM THE KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P5OF THE EXPLOSIVE LICENSE OBTAINED BY THE PETITIONER FROM THE JOINT CHIEF CONTROLLER OF EXPLOSIVE, SOUTH CIRCLE, CHENNAI DATED 24.1.2018. EXHIBIT P6OF THE LETTER DATED 15.1.2018 ISSUED BY THE SENIOR GEOLOGIST, KASARGOD. EXHIBIT P7OF THE APPLICATION SUBMITTED BY THE PETITIONER AND RECEIPT THEREOF DATED 20.7.2018 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S/S EXHIBITS: EXHIBIT-R5AOF REPRESENTATION DATED 4/5/2018 EXHIBIT-R5BOF RESOLUTION DATED 18/11/2018
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.