T.P.ABDUL BASHEER Vs. CHERUPUZHA GRAMA PANCHAYAT

JUDGEMENT

(1.) The case set up in this writ petition is as follows:- The petitioner obtained all statutory permissions and licenses to conduct granite quarry and crusher unit in the land comprised in Re-Sy.No.431 of Vayakkara Village of Payyannur Taluk of Kannur District at a place known as Choorapadavu. The quarry and crusher unit are situated within the jurisdiction of 1st respondent Grama Panchayat. The Panchayat has issued Ext.P10 license to conduct quarry and Ext.P12 license to conduct crusher unit under Sections 232, 233, 234 and 254 of the Kerala Panchayat Raj Act, 1994 and the Rules under the same to the petitioner on 01.07.2019 and 01.04.2019 respectively. Ext.P10 and P12 were valid up to 31.03.2020. So the petitioner submitted applications for renewal of Ext.P10 and P12 licenses on 27.02.2020. The renewal applications were in order. Those applications were submitted as prescribed by the statute within the stipulated time. There was no defect in the renewal applications noticed or communicated to the petitioner by the respondents. The respondents have not considered renewal applications though submitted as early as on 27.02.2020 and required license fee and professional tax were collected. The deeming provision came into application as the petitioner was not communicated any order with reference to his applications for renewal of licenses within 30 days from the date of application.

(2.) Though the renewal applications made as per Ext.P13 were deemed to have been granted as per the statutory provisions, the 2nd respondent is threatening that the working of the quarry of the petitioner will be stopped. The period of validity of the latest movement permit expired on 31.05.2020. In order to renew movement permit, a copy of the renewed panchayat license is to be produced. The petitioner who obtained a deemed license under the provisions of the Kerala Panchayat Raj Act is entitled to obtain it in paper form. To produce before the Geology Department it is highly necessary also. So the petitioner made Ext.P15 request to 2 nd respondent to issue the license in paper form. The 2 nd respondent takes a stand that he will not issue the license as the application for renewal was not considered. In such situation, petitioner seeks indulgence of this Court to direct the 2nd respondent to issue the renewed license in the paper form. Hence this writ petition.

(3.) In the light of these averments and contentions, the petitioner has filed the instant writ petition with following prayers:-