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Soman T N v. Naduvil Grama Panchayath

Kerala HC23 Jan 2024WP(C)/1187/2024

Case brief

AI extract

What is this about?

Single-day decision in W.P(C).1187/2024 where the Court directed the Naduvil Grama Panchayath to decide the petitioner's roll-over licence renewal application within 10 days. The order mandates compliance with Rule 8 of the 2015 Concession Rules, allowing reliance on the Letter of Intent.

What did the court decide?

Direction to the 2nd Respondent to decide the petitioner's roll-over licence application within 10 days based on the Letter of Intent and complying with Rule 8 of the Kerala Minor Mineral Concession R

Soman T N Vs Naduvil Grama Panchayath — Land Acquisition | Kerala HC (2024)

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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
TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945
WP(C) NO. 1187 OF 2024

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PETITIONER:

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SOMAN T N, AGED 66 YEARS,SON OF
NEELAKANDAPILLA, THEKKEDATH HOUSE,
VAYATTUPARAMBA P.O., VELLAD VILLAGE,
THALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670582
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ

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RESPONDENTS:

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1 NADUVIL GRAMA PANCHAYATH NADUVIL P.O, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 670582

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2 THE SECRETARY NADUVIL GRAMA PANCHAYATH, NADUVIL P.O, KANNUR DISTRICT, PIN - 670582

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OTHER PRESENT:

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SRI HARIKUMAR T R

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P(C).1187/2024

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P. V. KUNHIKRISHNAN, J.

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W.P(C).No.1187 of 2024

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Dated this the 23^rd day of January, 2024

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JUDGMENT

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The above Writ Petition is filed with the following prayers:

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Issue a writ of mandamus or any other appropriate writ, order or direction to the second respondent to consider and dispose the application of petitioner which leads to exhibit P15 receipt issued by the panchayath and thereby renew license of the petitioner to operate quarry without demanding any more documents as provided under Rule 10 of Kerala Panchayath Raj (issuance of licence to factories, Trades, entrepreneurship activities and other services) Rules 1996.

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Declare that the petitioner have deemed license to operate the quarry since the application of petitioner did not processed within stipulated period as per law.

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Declare that petitioner is not liable to produce any of the document demanded in exhibit P10 before the respondents and petitioner is liable to produce all the documents only before district geologist before issuance of quarrying permit.

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W.P(C).1187/2024

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Such other writ, order or direction which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case. And 5. Dispense with filing of translation of vernacular documents produced along with writ petition.

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The above Writ Petition is filed for issuing direction to the 2^nd respondent to consider and dispose the application of the petitioner which leads to Ext.P15 receipt issued by the panchayath and thereby renew license of the petitioner to operate quarry without demanding any more documents as provided under Rule 10 of the Kerala Panchayath Raj (issuance of license to factories, Trades, entrepreneurship activities and other services) Rules 1996.

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The grievance of the petitioner is that an application submitted by the petitioner is returned with certain defects as evident by Ext.P10. Thereafter, the petitioner submitted Ext.P11 explanation to the same. According to the petitioner, in the light of Rule 8 of the Kerala Minor Mineral Concession Rules, 2015, the petitioner need to produce only the letter of intent. The petitioner submitted Ext.P4 letter of intent. But, now the 2^nd respondent again returned the same,

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W.P(C).1187/2024

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after filing the Writ Petition, stating the same reason in Ext.P10. The petitioner received a notice to cure certain defects in the renewal application, but the application is not returned is the submission. If that is the case, the Writ Petition can be disposed of with the following directions:

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a) The 2^nd respondent will consider the application for renewal of D & O license application of the petitioner in the light of Ext.P11 explanation and also in the light of Ext.P4 letter of intent within 10 days from the date of receipt of a copy of this judgment.

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b) While deciding the matter, the 2^nd respondent will see that Rule 8 of the Kerala Minor Mineral Concession Rules, 2015 is complied in its letter and spirit.

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c) The 2^nd respondent will also consider the dictum laid down in Ext.P16 judgment while deciding the matter.

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Sd/-

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P. V. KUNHIKRISHNAN JUDGE

Sbna/

W.P(C).1187/2024

APPENDIX OF WP(C) 1187/2024

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF THE` `ISSUED BY THE KER` `CONTROL BOARD TO` `30.1.2023 AND VAL`	`CONSENT TO OPERATE` `ALA STATE POLLUTION` `THE PETITIONER DATED` `ID UPTO 28.2.2024`
`Exhibit`	`P2`	`TRUE COPY OF EXPL` `31.3.2022 ISSUED` `CONTROLLER/ JOINT` `EXPLOSIVE TO THE`	`OSIVE LICENCE DATED` `BY THE DEPUTY` `CONTROLLER OF` `PETITIONER`
`Exhibit`	`P3`	`TRUE COPY OF THE` `DATED 11.1.2022 I` `OF MINING AND GEO`	`LAST QUARRYING PERMIT` `SSUED BY THE DEPARTMENT` `LOGY TO THE PETITIONER`
`Exhibit`	`P4`	`TRUE COPY OF THE` `1.8.2023 ISSUED B` `GEOLOGIST, KANNUR`	`LETTER OF INTENT DATED` `Y THE DISTRICT` `TO THE PETITIONER`
`Exhibit`	`P5`	`TRUE COPY OF THE` `ENVIRONMENTAL CLE` `PETITIONER BY THE` `IMPACT ASSESSMENT` `DATED 24.3.2018`	`RELEVANT PAGES OF THE` `ARANCE ISSUED TO THE` `DISTRICT ENVIRONMENTAL` `AUTHORITY, KANNUR`
`Exhibit`	`P6`	`TRUE COPY OF THE` `APPROVED MINING P`	`RELEVANT PAGES OF THE` `LAN OF THE PETITIONER`
`Exhibit`	`P7`	`TRUE COPY OF THE` `TO THE PETITIONER` `RESPONDENT DATED`	`LAST D&O LICENCE ISSUED` `BY THE FIRST` `12.5.2022`
`Exhibit`	`P8`	`TRUE COPY OF THE` `TO THE PETITIONER` `RESPONDENT DATED`	`PREVIOUS LICENCE ISSUED` `BY THE SECOND` `17.4.2021`
`Exhibit`	`P9`	`TRUE COPY OF THE` `ISSUED FROM THE O` `RESPONDENT REGARD` `APPLICATION FOR R`	`RECEIPT DATED 21.2.2023` `FFICE OF THE FIRST` `ING RECEIPT OF` `ENEWAL IS PRODUCED`
`Exhibit`	`P10`	`TRUE COPY OF THE` `28.2.2023 ISSUED` `RESPONDENT TO THE`	`COMMUNICATION DATED` `BY THE SECOND` `PETITIONER`
`Exhibit`	`P11`	`TRUE COPY OF THE` `PETITIONER BEFORE` `DATED 4.4.2023 WI` `RECEIPT BY THE SE`	`REPLY SUBMITTED BY THE` `THE SECOND RESPONDENT` `TH ENDORSEMENT OF` `COND RESPONDENT`

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W.P(C).1187/2024

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Exhibit P12TRUE COPY OF THE NOTIFICATION S.O. 221
(E ) DATED 18.01.2021 ISSUED BY THE
JOINT SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE
Exhibit P13TRUE COPY OF THE G.O.(RT)NO.203/2021/ID
DATED 12.2.2021 ISSUED BY THE INDUSTRIES
DEPARTMENT
Exhibit P14TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 28.11.2023 IN WPC
NO.29840/2023
Exhibit 15TRUE COPY OF THE RECEIPT DATED
30.11.2023 REGARDING RECEIPT OF
APPLICATION SUBMITTED BY THE PETITIONER
ON OFFLINE BEFORE THE SECOND RESPONDENT
Exhibit P16TRUE COPY OF THE JUDGMENT IN NAYAMBADAM
GRANITES VS. SECRETARY, KERALASSERY
GRAMA PANCHAYATH REPORTED IN 2023(6) KLT
305

Soman T N v. Naduvil Grama Panchayath

Case brief

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Soman T N v. Naduvil Grama Panchayath

Case brief

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