Disposed

Sreedharan U.P v. the Thripprangottor Grama Panchayat

Kerala HC21 Dec 2020WP(C)/35742/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the rejection of a Director's & Owner's licence for quarrying. After interim directions, the licence was issued pursuant to a 4.12.2020 order invoking Rule 8 of the Kerala Panchayat Raj Rules, 1996.

What did the court decide?

Reliefs sought granted; impugned proceedings set aside to extent challenged; licence issued in pith with the proviso to Rule 8 of the Kerala Panchayat Raj Rules, 1996.

Sreedharan U.P Vs the Thripprangottor… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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WP(C).No.35742 OF 2019(P)

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PETITIONER:

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SREEDHARAN U.P, AGED 51 YEARS, S/O. CHATHU, SREESAILAM, POOVATHINKEEZHIL, PUTHOOR P.O., KANNUR DISTRICT-670 692

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BY ADVS. SRI.ALEX.M.SCARIA SRI.G.BAIJURAJ DR.M.H.HUBAISE SMT.SARITHA THOMAS

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RESPONDENTS:

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1 THE THRIPPRANGOTTOR GRAMA PANCHAYAT KALLIKANDY P.O.,- 670 693, REPRESENTED BY ITS SECRETARY

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2 THE SECRETARY, THE THRIPPRANGOTTOR GRAMA PANCHAYATH, KALLIKANDY P.O.,- 670 693,

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3 THE DIRECTOR OF MINING AND GEOLOGY, DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004

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4 THE DISTRICT GEOLOGIST, CIVIL STATION, KANNUR-670 002

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5 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANATHAPURAM-695 001

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R1-2 BY ADV. SRI.BRIJESH MOHAN R1-2 BY ADV. SRI.R.RAJPRADEEP

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S GOPINATHAN SR GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.35742 OF 2019(P)

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..2..

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JUDGMENT

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Dated this the 21st day of December 2020

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This writ petition was filed challenging rejection of D&O

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licence for the quarrying operation. Pursuant to the interim direction of this Court, a decision was taken to grant licence. However, that was for a limited period. Thereafter, this Court, as per the order dated 4.12.2020, directed to issue licence in accordance with the proviso to Rule 8 of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996. Accordingly, licence has been issued.

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In the light of the above, the reliefs sought for have been granted and accordingly, the impugned proceedings are set aside to the extent challenged.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.35742 OF 2019(P)

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..3..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE INTENT DATED 22.01.2018 BEARING NO.DOC/M-3329/2017 FROM THE 4TH RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE BEARING NO.246/2018 DATED 08/11/2018 EXHIBIT P3 TRUE COPY OF THE EXPLOSIVE LICENCE BEARING NO.E/SC/KL/22/1736(E 70743) DATED 16.11.2018 EXHIBIT P4 TRUE COPY OF THE TITLE DEED IN THE FORM OF SALE DEED BEARING NO.1027/2009 OF KALLIKANDY SUB REGISTRY EXHIBIT P5 TRUE COPY OF THE INTEGRATED CONSENT OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DATED 21.11.2018 EXHIBIT P6 TRUE COPY OF THE RECEIPT BEARING INWARD NO.4355 OF 2018 DATED 23.11.2018 EXHIBIT P7 TRUE COPY OF THE LETTER DATED 18.12.2018 BEARING NO.4355 OF 2018 EXHIBIT P8 TRUE COPY OF THE INFORMATION RECEIVED ALONG WITH THE CORRESPONDING APPLICATION FOR INFORMATION

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EXHIBIT P9 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 01.11.2019 EXHIBIT P11 TRUE COPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT P10

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WP(C).No.35742 OF 2019(P)

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..4..

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EXHIBIT P12 TRUE COPY OF THE JUDGMENT OF THE FULL BENCH IN TOMY THOMAS V. STATE OF KERALA (2019) (3) KLT 987)

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EXHIBIT P13 TRUE COPY OF THE LETTER DATED 28.11.2019 OF THE 1ST RESPONDENT

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EXHIBIT P14 TRUE COPY OF THE LICENCE ISSUED BY THE PANCHAYATH

Sreedharan U.P v. the Thripprangottor Grama Panchayat

Case brief

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Sreedharan U.P v. the Thripprangottor Grama Panchayat

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