SECRETARY Vs. DARK STONE LAND DEVELOPERS PVT. LTD

JUDGEMENT

(1.) Respondents 1 and 2, who are the Secretary and the Ottappalam Municipality in W.P.(C) No.19361/2019, have filed this writ appeal challenging the judgment of the learned Single Judge dated 25.11.2019, whereby the learned Single Judge directed the 1st appellant to take up Ext.P7 application of the writ petitioner i.e., the 1st respondent herein and issue necessary orders thereon, granting trade licence to it subject to the production of all the relevant and necessary consents and permissions, including the environmental clearance, as expeditiously as possible but not later than one month from the date of receipt of a copy of the judgment. It was further directed that the 1st appellant shall issue the said order after verifying the documents and after ensuring that all necessary conditions imposed therein have been complied with by the writ petitioner. The writ petitioner was also given the liberty to produce the trade licence, if issued by the Secretary of the Municipality, in accordance with the directions issued to produce the same before the Director of Mining and Geology, Thiruvananthapuram, who also was directed to consider the application for grant of mining lease in terms of law and after verifying all relevant documents.

(2.) Basic contention advanced by the appellants in the appeal is that the directions contained in the judgment impugned for considering the application of the writ petitioner for the trade licence results in interfering with the duty cast upon the Municipality in confirming that quarry will not adversely affect the environment, water resources and natural characteristics of the place by calling for report from the Department of Mining and Geology, Department of Environment and the State Pollution Control Board as envisaged in the proviso to section 448(4)(c) of the Municipality Act and therefore, it goes against the law and the prescriptions contained in the Municipality Act, 1994.

(3.) It is also pointed out that the writ petitioner has not exhausted the statutory remedy available under rule 24 of the Kerala Municipality (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 2011. It is also submitted that section 30 of the Municipality Act enables the Municipality to function as an institution of self-government and a duty has been cast upon the Municipality to render necessary service to the inhabitants of the Municipal area in respect of matters enumerated as mandatory functions in the First Schedule since as per Entry No.19 of the First Schedule, it is the duty of the Municipality to protect public right such as environment, public safety and public health while granting licenses to industries and trades.