GEORGE ELIAS AND ASSOCIATES Vs. KALLOORKAD GRAMA PANCHAYAT

JUDGEMENT

(1.) The issues arising for consideration in these matters being closely interlinked, they are disposed of by this common judgment. The parties and documents are referred to in the judgment, unless otherwise mentioned, as they appear in W.P. (C) No.10381 of 2020.

(2.) The petitioner is a firm engaged in executing road works on contract basis. They own a portable Hot Mix Plant. For the purpose of installing the same on a land within the limits of the first respondent Panchayat, the petitioner obtained Ext.P2 consent from the State Pollution Control Board. It is stated by the petitioner that though licence of the Panchayat is not required for establishing and operating a portable hot mix plant, by way of abundant caution, they preferred Ext.P3 application for licence before the panchayat on 7.3.2020 in terms of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996 (the Rules) framed under the Kerala Panchayat Raj Act, 1994 (the Act). The said application was rejected by the Committee of the Panchayat as per Ext.P11 decision, stating among others, that the petitioner has not obtained permission of the Panchayat under Section 233 of the Act for the purpose of installing the hot mix plant and that the operation of the hot mix plant would cause health issues to the people in the locality. The writ petition is instituted challenging Ext.P11 decision of the Committee of the Panchayat. The petitioner also seeks a declaration that they have obtained deemed licence under Rule 12(3)(c) of the Rules.

(3.) W.P.(C) No.17920 of 2020 was instituted by the petitioner thereafter, alleging that they have obtained Acknowledgement Certificate on 11.05.2020, in terms of the provisions of the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019. The prayer in the said writ petition is for a declaration that the petitioner is not required to obtain any permission/licence from the Panchayat for the purpose of establishing and operating the portable hot mix plant, in the light of the Acknowledgement Certificate. In W.P.(C) No.17920 of 2020, the petitioner also seeks directions to the Panchayat and its President to refrain from interfering with the operation of the hot mix plant.