NISAR RAHEEM Vs. THIDANADU GRAMA PANCHAYAT
LAWS(KER)-2022-6-49
HIGH COURT OF KERALA
Decided on June 22,2022

Nisar Raheem Appellant
VERSUS
Thidanadu Grama Panchayat Respondents

JUDGEMENT

P.V.KUNHIKRISHNAN,J. - (1.) The 3rd respondent issued Ext.P1 letter of intend to the petitioner for starting a quarry for mining building stones in 0.9719 Hectors of land comprised in Sy.No.82/2 in Kondoor Village of Meenachil Taluk, Kottayam District. Ext.P2 is the environmental clearance dtd. 3/10/2019 valid upto 2/10/2024 for the project of the petitioner issued by the State Environment Impact Assessment Authority. Ext.P3 is the consent to operate issued by the Kerala State Pollution Control Board to the petitioner dtd. 29/3/2020 valid upto 28/2/2023 for operating the quarry for mining building stones. Ext.P4 is the copy of the Form LE-3 licence issued by the Deputy Chief Controller of Explosives, Ernakulam dtd. 2/3/2022 valid upto 31/3/2026.
(2.) Subsequently the petitioner submitted an application before the 1st respondent through the 2nd respondent for obtaining trade licence under the provisions of the Kerala Panchayat Raj Act, 1994 (for short 'the Act, 1994 '). Ext.P5 is the true copy of the application dtd. 3/3/2022 filed by the petitioner before the 2nd respondent for the trade licence under Sec. 232 of the Act, for establishing building stones quarry under Sec. 233 of the Act, 1994. The 2nd respondent upon receipt of Ext.P5, had issued a receipt acknowledging Ext.P5. A true copy of the receipt dtd. 5/3/2022 acknowledging receipt of Ext.P5 issued by the 2nd respondent is produced as Ext.P6. The grievance of the petitioner is that even after the statutory period, the licence application is not considered by the Panchayat and hence, the petitioner is entitled for a deemed licence under Sec. 236 (3) of the Act, 1994 for operating quarry. Hence, this writ petition is filed with following prayers: "I) Issue a writ of mandamus directing the 1st respondent to grant permission to establish the quarry for mining building stones in the property covered by Exhibit P1 under Sec. 233 Kerala Panchayat Raj Act, 1994 based on Exhibit P2 to P4 licenses issued by the statutory authorities. II) Issue a writ of mandamus directing the 2nd respondent to issue trade license under Sec. 232 of Kerala Panchayat Raj Act, 1994 based on Exhibit P2 to P4 licenses issued by the statutory authorities. III) Declare that the petitioner is entitled for a deemed license under Sec. 236(3) of the Kerala Panchayat Raj Act, 1994 for operating the quarry of the petitioner covered vide Exhibit P1 for the year 2022 2027 and direct the 2nd respondent to issue license in paper form. IV) Issue a writ of mandamus directing the 3rd respondent to consider the application for grant of quarrying permit for mining building stones under the provisions of the Kerala Minor Mineral Concession Rules 2015 based on the deemed trade license under Sec. 236(3) of Kerala Panchayat Raj Act, 1994. V) Issue such other reliefs which this Honourable Court may deem fit and appropriate in the facts and circumstances of the case. "
(3.) Heard the counsel for the petitioner and the counsel appearing for the 1st and 2nd respondents. I also heard the learned Government Pleader, who appeared for the 3rd respondent.;


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