Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 12TH DAY OF APRIL 2018 / 22ND CHAITHRA, 1940
WP(C).No. 13035 of 2018
PETITIONER(S):
K.P. JOY,
S/O.LATE K.P. POULO, AGED 59 YEARS,
MANAGING DIRECTOR,
M/S.A-ONE SANDS PVT. LTD., ANNANAGAR, CHAMMANAMPATHY,
GOVINDAPURAM P.O., CHITTUR TALUK, PALAKKAD DISTRICT – 678 507.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA
SRI.P.T.ABHILASH
RESPONDENT(S):
1.MUTHALAMADA GRAMA PANCHAYATH
MUTHALAMADA P.O., PALAKKAD DISTRICT, PIN – 678 507,
REPRESENTED BY ITS SECRETARY.
2.SECRETARY, MUTHALAMADE GRAMA PANCHAYAT, MUTHALAMADA P.O.,
PALAKKAD DISTRICT, PIN 678 507.
3.MUTHALAMADA GRAMA PANCHAYAT COMMITTEE, OFFICE OF THE
MUTHALAMADA GRAMA PANCHAYAT, MUTHALAMADA P.O.,
PALAKKAD DISTRICT, PIN 678 507, REPRESENTED BY ITS PRESIDENT.
R BY SRI.MURALI PURUSHOTHAMAN
R BY SRI. DEEPULAL MOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-04-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.13035/2018
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE LICENCE NO.A3/6715/13 DATED 5.9.2013 ISSUED BY THE 1ST
RESPONDENT.
EXT.P2: COPY OF THE APPLICATION DATED 14.2.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXT.P3: COPY OF THE RECEIPT NO.0106145 DATED 14.2.2018 ISSUED BY THE 2ND
RESPONDENT.
EXT.P4: COPY OF THE CASH RECEIPT NO.D1015474 DATED 20.2.2018 ISSUED BY THE 2ND
RESPONDENT.
EXT.P5: COPY OF THE INTERIM ORDER DATED 12.5.2017 IN W.P.(C)NO.15925/2017 ISSUED
BY THIS HON'BLE COURT.
EXT.P6: COPY OF THE AGREEMENT DATED 21.7.2017 ENTERED INTO BETWEEN THE
PETITIONER AND MR.K.JAISON, KOONTHALI HOUSE.
EXT.P7: COPY OF THE ENVIRONMENTAL CLEARANCE DATED 24.11.2015 ISSUED BY THE
STATE LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, TAMIL NADU, TO MR.
K. JAISON.
EXT.P8: COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL ORDER DATED
25.2.2017, VALID UP TO 31.7.2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD.
EXT.P9:
COPY OF THE LICENCE DATED 25.4.2016 ISSUED BY THE DEPARTMENT OF
FACTORIES AND BOILERS VALID UP TO 31.10.2020.
EXT.P10: COPY OF THE CERTIFICATE OF REGISTRATION DATED 17.7.2017, FOR STOCKING,
SELLING AND PROCESSING OF MINERALS, UNDER THE KERALA MINERALS (PREVENTION
OF ILLEGAL MINING, STORAGE AND TRANSPORTATION) RULE 2015, VALID UP TO
16.7.2018 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,
PALAKKAD.
EXT.P11: COPY OF THE GST CERTIFICATE BEARING REGISTRATION NO.32AAJCA 5379A1ZY
DATED 21.9.2017 ISSUED BY THE GOVERNMENT OF INDIA.
EXT.P12: COPY OF THE PROCEEDING NO.A11-1210/2018 DATED 22.3.2018 OF THE 2ND
RESPONDENT.
EXT.P13: COPY OF THE RELEVANT PORTION OF THE POSTAL ENVELOP, EVIDENCING THE
SEAL DATED 26.3.2018 OF THE POST OFFICE.
EXT.P14: COPY OF THE REPRESENTATION DATED 2.4.2018 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS:
NIL.
//TRUE COPY//
P.S. TO JUDGE
prp/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.13035 OF 2018 (D)
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Dated this the 12th day of April, 2018
J U D G M E N T The petitioner has preferred Ext.P2 application dated 14.2.2018 before the 1st respondent for renewal of the Dangerous & Offensive licence for the year 2018-19 to 2022-23. It is the case of the petitioner that, within the period of thirty days from the date of submission of the application, there was no communication from the respondent Panchayat either accepting or rejecting the same. Accordingly, the petitioner became entitled to the benefit of the deeming provision as stipulated under Section 236 (3) of the Kerala Panchayat Raj Act read with Rule 12 of the Kerala Panchayat Raj (Issue of licence to Dangerous & Offensive Trades and Factories) Rules, 1996. 2. I have heard the learned senior counsel duly assisted by Adv. Sri. Babu Joseph Kuruvathazha for the petitioners as also the learned Standing counsel for the respondents.
W.P.(C).No.13035/2018 2 On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find force in the contention of the learned senior counsel for the petitioner that the petitioner is entitled to the benefit of a deeming provision, and consequently a deemed licence for the period 2018-19 to 2022-23. Accordingly, I dispose the writ petition, directing the respondent Panchayat to issue a certificate stating that the petitioner has a deemed licence for the aforesaid period, within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner shall, on his part, and if not already done, ensure that the payment of the required fees for all the five years is made before the Panchayat within the period of two weeks aforesaid. I also make it clear that nothing in this judgment shall prevent the respondent Panchayat from taking any step to cancel the licence so issued, in the event of the Panchayat finding that the petitioner is not complying with any of the conditions in the deemed licence. A.K.JAYASANKARAN NAMBIAR JUDGE prp/12/4/18
