ABDUL BASHEER Vs. CHERUPUZHA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner is before this Court aggrieved by the illegal rejection of his application for renewal of the Trade Licence for functioning the Quarry and the Crusher Unit, by respondents 1 and 2.

(2.) The petitioner is owner of 6.35 Acres of land in Re-Survey No.431 of Vayakkara Village of Payyannur Taluk. The petitioner's brother is holding 9.90 Acres of land in the same Survey number, which is lying contiguously. The petitioner wanted to conduct a quarry in the said land. The Geologist approved Mining Plan as per Ext.P1. By Ext.P2, the Director of Mining and Geology issued Mining Lease. The period of Quarrying lease is up to 23.01.2030. The Geologist has issued Movement Permit. The Additional District Magistrate issued Ext.P3 Explosives Licence. The District Environment Impact Assessment Authority (DEIAA) issued Ext.P4 Environmental Clearance (EC). The Pollution Control Board (PCB) issued Ext.P5 Integrated Consent.

(3.) The petitioner has also started a stone Crusher Unit. The Geologist has granted registration to the unit. The PCB has granted Ext.P6 Consent to the Crusher Unit. The 2 nd respondent-Secretary to the Panchayat has granted Ext.P7 Licence to the Crusher Unit. The 1 st respondent-Panchayat has considered the application filed under Section 233 of the Kerala Panchayat Raj Act, 1994 for grant of permission to establish the quarry. The Panchayat decided to grant permission and the Secretary issued Ext.P8 Licence dated 18.01.2019. The validity of Ext.P8 should statutorily be for 5 years. But, in Ext.P8, the licence period was recorded as up to 31.03.2019 only. The petitioner submitted application for renewal of Ext.P8 on 26.02.2019.