ALAKODE GRAMA PANCHAYAT Vs. KAKKARA CRUSHERS PRIVATE LTD

JUDGEMENT

(1.) This appeal is preferred by respondents i.e., the Alakode Grama Panchayat and its Secretary in W.P.(C)No.8218/2020 challenging the judgment of the learned Single Judge dated 28.7.2020, whereby the writ petition was allowed modifying Ext.P14 order passed by the Tribunal For Local Self Government Institutions in the appeal preferred by the writ petitioner/respondent. It was found that Ext.P14 order of the Tribunal clearly indicates that the Tribunal has made substantive findings in favour of the writ petitioner and has taken a technical view that the petitioner to cure the defects in its application as can be seen from the last paragraph of the order. It was further held that the Tribunal should not have taken such a technical stand and could have substantively allowed the plea of the writ petitioner and any minor technical defects in the application would have been directed to be cured by the writ petitioner. After entering into the findings accordingly, the impugned decision of the appellants rejecting Ext P7 Application submitted by the writ petitioner seeking licence to establish a quarry, as per Ext.P9 and P10 were quashed and the following directions were issued at paragraphs 12 and 13:-

(2.) It is thus challenging the legality and correctness of the judgement of the learned Single Judge, the appeal is preferred. Brief material facts for the disposal of the writ appeal are as follows;

(3.) Writ petitioner has submitted an application dated 26.4.2019 seeking a licence to establish a quarry in an extent of 2.9130 hectares of land comprised in Sy.No.100/2A of Thimiri Village, Taliparamba Taluk, Kannur District, evident from Ext.P7. Environmental clearance, consent from Pollution Control Board, NOC issued by the Additional District Magistrate etc. were produced along with the application. On 18.5.2019, the Panchayat Committee met and decided to constitute a sub committee to examine the feasibility of allowing the application and call for a report from the sub committee, evident from Ext.P8. On 21.6.2019 the Panchayat Committee met and examined the report of the sub committee and that of the recommendation of the Secretary, decided to accept the report of the sub committee and accordingly rejected Ext.P7 application vide Ext.P9 resolution. The said decision was communicated to the writ petitioner as per Ext.P10 dated 1.7.2019 by the Secretary of the Grama Panchayat.