Allowed

C.Krishna Pillai, v. Ezhumattoor Grama Panchayat

Kerala HC12 Apr 2023WP(C)/12602/2023

Case brief

AI extract

What is this about?

Held that the Secretary of the Panchayat has independent discretionary power to consider a license renewal application and cannot be bound by the Panchayat Committee's decision. Directed reconsideration of the renewal within 10 days.

What did the court decide?

Order Ext.P6 set aside; respondent directed to reconsider renewal application within 10 days considering the Government direction.

C.Krishna Pillai, Vs Ezhumattoor Grama Panchayat — Property and Title | Kerala HC (2023)

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WP(C) NO. 12602 OF 2023

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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 P.V.KUNHIKRISHNAN WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

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WP(C) NO. 12602 OF 2023

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PETITIONER/S:

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C.KRISHNA PILLAI, AGED 62 YEARS S/O. LATE CHELLAPPAN PILLAI, RESIDING AT MELATHU LEKSHMI BHAVANAM, VAZHUVADY, THAZHAKKARA, ALAPPUZHA, PIN - 690102

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BY ADVS. R.LAKSHMI NARAYAN R.RANJANIE

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RESPONDENT/S:

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1 EZHUMATTOOR GRAMA PANCHAYAT, OFFICE OF THE EZHUMATTOOR GRAMA PANCHAYAT, THALAYAZHAM ROAD, THELLIYOOR P.O, VIA VENNIKULAM, PATHANAMTHITTA DISTRICT- 689544, REPRESENTED BY THE SECRETARY.

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2 THE SECRETARY, EZHUMATTOOR GRAMA PANCHAYAT, OFFICE OF THE EZHUMATTOOR GRAMA PANCHAYAT, THALAYAZHAM ROAD, THELLIYOOR P.O, VIA VENNIKULAM, PATHANAMTHITTA DISTRICT, PIN - 689544

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3 THE ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHI NAGAR, ELAMKULAM, ERNAKULAM, KOCHI, PIN - 682020

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4 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, NEAR KENDRIYA VIDYALAYA, ADOOR P. O. PATHANAMTHITTA DISTRICT, PIN - 691523

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WP(C) NO. 12602 OF 2023

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5 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS(R.C), GOVERNMENT SECRETARIAT - ANNEX 1, THIRUVANANTHAPURAM, PIN - 695001

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BY ADV VINOD KUMAR POOVATHUMMOOTTIL ADV.RIYAL DEVASSY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12602 OF 2023

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P.V.KUNHIKRISHNAN, J

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W.P.(C) No. 12602 of 2023

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Dated this the 12^th day of April, 2023

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JUDGMENT

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The above writ petition is filed with following prayers :

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I. “Call for the records leading to Ext.P-6 and Ext.17, and quash Ext.P6 by issuing a writ of certiorari. II. Issue a Writ of Mandamus or other appropriate Writ or direction, directing the respondents 1 and 2 to renew Ext.P5/issue fresh licence/permit in continuance of Ext.P5, to the petitioner, for conducting Quarrying in the property having an extent of 97.05 Ares in Block No.27, Sy.No. 283/1, 283/2, 283/4, 296/3 of Ezhunattur Village, Malappalli Taluk, Pathanamthitta District

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III. Permit the petitioner to produce the English translation of the documents in vernacular language, as and when directed by this Hon'ble Court.

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IV. Pass such other writ, order or direction, as this Hon'ble Court deems just circumstances of the case. and necessary in the facts and

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And

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allow this Writ Petition with cost.” [SIC]

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The petitioner is conducting a quarry in the

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WP(C) NO. 12602 OF 2023 4

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property having an extent of 97.05 ares in block No.27, survey No. 27 Sy.No. 283/1, 283/2, 283/4, 296/3 of Ezhumattur Village, Mallppalli Taluk, Pathanamthitta District for which the petitioner obtained all statutory licenses and permits from all authorities, is the submission. Exts.P1 to P5 are the permits and licenses issued by the statutory authorities. The contention of the petitioner is that Ext.P5 license issued by the 2^nd respondent expired on 31.03.2023 and an application is submitted for renewing the licence. The same is rejected as per Ext.P6 mainly for the reason that the Panchayat committee decided not to grant licence and there is an order from the Government as evident by Ext.P7. Hence, this writ petition is filed.

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Heard the learned counsel for the petitioner and the learned counsel appearing for respondents Nos. 1 and 2. I also heard the learned counsel for the 3^rd respondent and the learned Government Pleader.

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This Court considered the contentions raised by the petitioner and the respondents and also perused Ext.P6 order. A perusal of Ext.P6 order will show that the Secretary

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WP(C) NO. 12602 OF 2023 5

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decided not to renew the licence because there is a decision by the Panchayat committee to that effect. I am of the prima facie opinion that, such a stand in Ext.P6 is legally unsustainable. The renewal application is to be considered by the Secretary of the Panchayat independently untrammelled by any direction from the Panchayat Committee. It is the discretionary power of the Secretary. The Panchayat committee has no power to interfere with the same at that stage. Moreover, Ext.P7 Government Order is also there. Therefore, I am of the considered opinion that the matter has to be reconsidered by the 2^nd respondent independently untrammelled by any decision taken by the Panchayat committee.

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Therefore, this writ petition is allowed in the following manner :

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Ext.P6 is set aside.

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The 2^nd respondent is directed to reconsider the

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application for renewal of license as expeditiously as possible, at any rate, within 10 days from the date of receipt of a stamped certified copy of this

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WP(C) NO. 12602 OF 2023

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judgment.

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1. While considering the renewal application, the 2^nd respondent will also consider Ext.P7 Government direction.

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1. The petitioner will produce a stamped certified copy of this judgment before the 2^nd respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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SKS

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WP(C) NO. 12602 OF 2023

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APPENDIX OF WP(C) 12602/2023

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PETITIONER EXHIBITS

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Exhibit	P-1 THE TRUE COPY OF THE QUARRYING PERMIT DATED 17.11.2022 , ISSUED BY THE 4TH RESPONDENTS TO THE PETITIONER
Exhibit	P-2 THE TRUE COPY OF THE PARIVESH ENVIRONMENT CLEARANCE LICENCE NO. 53/Q/2022, DATED 20.7.2022 ISSUED TO THE PETITIONER
Exhibit	P-3 THE TRUE COPY OF THE EXPLOSIVE LICENCE DATED 4.8.2022, ISSUED TO THE PETITIONER BY THE PESO, GOVERNMENT OF INDIA
Exhibit	P-4 THE TRUE COPY OF THE CONSENT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TO OPERATE THE QUARRY OWNED BY HIM, DATED 20.9.2022
Exhibit	P-5 THE TRUE COPY OF THE LICENCE DATED 22.9.2022, ISSUED TO THE PETITIONER , BY THE 2ND RESPONDENT FOR CONDUCTING THE QUARRY
Exhibit	P-6 THE TRUE COPY OF THE NOTICE DATED 3.4.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit	P-7 THE TRUE COPY OF THE LETTER DATED 27.12.2022 ISSUED BY THE 5TH RESPONDENT AS REFERRED TO AS ITEM NO.5 IN EXT.P6

C.Krishna Pillai, v. Ezhumattoor Grama Panchayat

Case brief

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C.Krishna Pillai, v. Ezhumattoor Grama Panchayat

Case brief

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