The Court set aside Ext.P8, which rejected the petitioner's D&O license application based on the Kerala Land Reforms Act. It directed the Respondent to consider the application in accordance with the proviso to Rule 6 of Rules, 1996.
Ext.P8 set aside; direction to Respondent to consider the petitioner's application as mandated by law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
WP(C) NO. 2019 OF 2023
PETITIONER:
M/S KINALUR ROCK SAND MANKAYAM, M M PARAMBA P.O. KINALUR, KOZHIKODE DISTRICT - 673574 REPRESENTED BY ITS MANAGING PARTNER, SHRI. VISHNU SUKUMARAN., AGED 25 YEARS
BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH
RESPONDENT:
THE SECRETARY PANANGAD GRAMA PANCHAYAT, PANANGAD P.O. KOZHIKODE DISTRICT,, PIN - 673612
BY ADVS. Vinod Singh Cheriyan T.M.KHALID(K/000047/2013) K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2019 OF 2023
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JUDGMENT
Dated this the 23rd day of February, 2023
This writ petition is filed seeking the following reliefs:-
i. Issue a Writ of Certiorari or any other writ, order or direction quashing Ext. P8;
ii. to declare that the statutory duty to issue license as mandated by proviso to Rule 6 of Rules, 1996 has been arisen and crystalized, with respect to the application submitted by the petitioner.
iii. to issue a writ of mandamus, or any other appropriate writ order of direction directing the respondent to issue license to the petitioner as mandated in proviso to Rule 6 of Rules, 1996.
iv. To issue a writ of mandamus or any other appropriate writ order of direction directing the respondent to issue license to the petitioner without referring to any objection pertaining to Act, 1963.
not one which can be taken by the Panchayat as a reason to refuse
WP(C) NO. 2019 OF 2023
3
to consider an application for D&O licence submitted by the petitioner. The learned counsel also places reliance on Ext.P9 judgment of a Division Bench of this Court and contends that even if there is an exemption of the property from the provisions of the Kerala Land Reforms Act, the question whether the petitioner would loose the benefit of the exemption is one which has to be considered under provisions the Kerala Land Reforms Act and that the Panchayat cannot refuse to consider an application for licence on that ground.
Having heard the learned the learned Standing Counsel also, I am of the opinion that the application submitted by the petitioner is liable to be considered in accordance with law. Ext.P8 is therefore set aside. There will be a direction to the respondent to take up and consider the application submitted by the petitioner in accordance with law and without raising the objection as stated in Ext.P8. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN
JUDGE
ska
WP(C) NO. 2019 OF 2023
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APPENDIX OF WP(C) 2019/2023
| PETITIO | NER EXHIBITS | |
|---|---|---|
| Exhibit | p1 | TRUE COPY OF LETTER OF INTENT DATED 09.05.2018 ISSUED BY THE DIRECTOR OF MINING & GEOLOGY, |
| Exhibit | P2 | TRUE COPY OF THE RELEVANT PAGE OF THE MINING PLAN DATE NIL |
| Exhibit | P3 | TRUE COPY OF THE ENVIRONMENT CLEARANCE DATED 23.9.2021 |
| Exhibit | P4 | TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED TO THE PETITIONER BY THE EXPLOSIVE DEPARTMENT DATED 26.5.2022 |
| Exhibit | p5 | TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD/COMPETENT AUTHORITY DATED 9.11.2022 |
| Exhibit | P6 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR LICENSE DATED NIL BEFORE THE SECRETARY, PANANGAD GRAMA PANCHAT FOR THE YEAR 2022- |
| Exhibit | P7 | TRUE COPY OF THE RECEIPT ISSUED FROM THE PANCHAYATH OFFICE ACKNOWLEDGING SUBMISSION OF APPLICATION DATED 22.11.2022 |
| Exhibit | P8 | TRUE COPY OF THE PROCEEDING ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 05-12-2022 |
| Exhibit | p9 | . TRUE COPY OF A JUDGMENT PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN WA NO. 564/2017 DATED 04.04.2017 |
1 issue framed by the court
Whether the Respondent Panchayat can refuse to consider an application for Depreciation and Obsolescence (D&O) license on the ground of the Kerala Land Reforms Act, 1963.
Colour shows how this judgement treated each authority
Apex judgment of a Division Bench of this CourtRelied on¶27
WA NO. 564/2017 DATED 04.04.2017
1 provisions across 1 enactments
M/s Kinalur Rock Sand Mankayam
The Secretary Panangad Grama Panchayat
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
