Allowed

Sudheesh A.T v. Meenangadi Grama Panchayat

Kerala HC20 Feb 2023WP(C)/1403/2023

Case brief

AI extract

What is this about?

The High Court of Kerala directed the 2nd respondent Panchayat to consider the petitioner's trade licence application for a quarry without insisting on a final Fire NOC, directing an order within three weeks.

What did the court decide?

Directing the 2nd respondent to consider the application within three weeks of receipt of a copy of the judgment without insisting on the final Fire NOC.

Sudheesh A.T Vs Meenangadi Grama Panchayat — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944
WP(C) NO. 1403 OF 2023

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PETITIONER:

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SUDHEESH A.T
AGED 34 YEARS
ADAKKATHOTTATHIL HOUSE, RATTAKUNDU, KUMBALERI P.O
WAYANAD, PIN - 673593
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI

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RESPONDENTS:

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1 MEENANGADI GRAMA PANCHAYAT MEENANGADI P.O, WAYNAD, PIN - 673591 REPRESENTED BY ITS SECRETARY

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2 THE SECRETARY MEENANGADI GRAMA PANCHAYAT, MEENANGADI P.O, WAYNAD, PIN - 673591

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3 DISTRICT FIRE OFFICER DISTRICT FIRE OFFICE, FIRE AND RESCUE SERVICES, KALPETTA, PIN - 673121 ADV.JOHN JOSEPH VETTIKAD, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1403 OF 2023

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JUDGMENT

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Dated this the 20^th day of February, 2023

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This writ petition is filed seeking the following prayer:

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“(i) Issue a writ of mandamus or other appropriate writ, order or direction directing the 2^nd respondent to issue a trade license to the petitioner, as expeditiously as possible, at any rate, within a period of 2 weeks.”

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Heard the learned counsel for the petitioner, the learned counsel

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appearing for the Panchayat as well as the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner had been issued with a Letter of Intent and all other statutory licences for the operation of a quarry. The petitioner had submitted an application for trade licence before the Panchayat. It is stated that Ext.P4 communication has been issued to the petitioner by the Panchayat stating that the petitioner should produce the consent letter duly registered, a final NOC from the Fire and Rescue Department as well as a KLR certificate for the consideration of the application. The learned counsel for the petitioner submits that he has the registered consent letter as well as the KLR certificate. However, with regard to

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WP(C) NO. 1403 OF 2023

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the final Fire NOC, it is submitted that Ext.P1(d) would show that an NOC has already been granted by the District Fire Officer. It is contended that there is no provision for the issuance of a further NOC, since NOC already stands granted. The learned counsel for the petitioner places reliance on Ext.P6 letter issued by the District Fire Officer stating that there is no provision for issuance of a final NOC from the Fire Officer for consideration of an application for quarrying permit.

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The learned Government Pleader would also submit that the Building Rules do not provide for the issuance of a Fire NOC in the case of an application for trade licence for a quarry. It is submitted that Rule 5(5) of the Kerala Panchayat Building Rules, 2019 also has no application in the instant case since the said provision applies to an occupancy and a building.

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Having considered the contentions advanced and in view of the submissions made, I am of the opinion that the application submitted by the petitioner is liable to be considered by the 2^nd respondent without insisting on the final Fire NOC as required in Ext.P4. In case all other

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WP(C) NO. 1403 OF 2023

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documents are produced by the petitioner, the application shall be

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considered and an appropriate order shall be passed within a period of

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three weeks from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN

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JUDGE

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NP

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WP(C) NO. 1403 OF 2023

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APPENDIX OF WP(C) 1403/2023

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`PETITIONER’S`	`EXHIBITS`
`Exhibit P1`	`TRUE COPY` `03.12.2018`	`OF THE` `ISSUED`	`LETTER OF INTENT DATED` `BY THE GEOLOGIST, WAYNAD.`
`Exhibit P1(a)`	`TRUE COPY` `VALID TILL` `CONTROL BO`	`OF THE` `20.04.` `ARD.`	`CONSENT DATED 07.01.2022` `2026 ISSUED BY THE POLLUTION`
`Exhibit P1(b)`	`TRUE COPY` `CERTIFICAT` `20.04.2026`	`OF THE` `E DATED` `ISSUED`	`ENVIRONMENTAL CLEARANCE` `21.04.2021 VALID TILL` `BY THE SEIAA.`
`Exhibit P1(c)`	`TRUE COPY` `31.03.2027`	`OF THE` `ISSUED`	`EXPLOSIVE LICENSE VALID TILL` `TO THE PETITIONER.`
`Exhibit P1(d)`	`TRUE COPY` `BY THE 3RD`	`OF THE` `RESPON`	`NOC DATED 30.11.2021 ISSUED` `DENT.`
`Exhibit P2`	`TRUE COPY` `BEARING NO` `RESPONDENT`	`OF THE` `. B3-86` `TO THE`	`LETTER DATED 07.12.2021` `69/21 ISSUED BY THE 2ND` `PETITIONER.`
`Exhibit P3`	`TRUE COPY` `WP(C) NO.` `HON'BLE CO`	`OF THE` `20886/2` `URT.`	`JUDGMENT DATED 10.08.2022 IN` `022 ON THE FILES OF THIS`
`Exhibit P4`	`TRUE COPY` `ISSUED BY`	`OF THE` `THE 2ND`	`LETTER DATED 08.11.2022` `RESPONDENT.`
`Exhibit P5`	`TRUE COPY` `SUBMITTED` `RESPONDENT`	`OF THE` `BY THE` `.`	`LETTER DATED 19.12.2022` `PETITIONER BEFORE THE 2ND`
`Exhibit P6` `RESPONDENTS’`	`TRUE COPY` `BEARING NO` `RESPONDENT` `EXHIBITS: NIL`	`OF THE` `. A-53/` `TO THE`	`LETTER DATED 18.01.2023` `23 ISSUED BY THE 3RD` `2ND RESPONDENT.`

Sudheesh A.T v. Meenangadi Grama Panchayat

Case brief

What is this about?

What did the court decide?

Sudheesh A.T v. Meenangadi Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

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