ABDULLA Vs. TRIPPANGOTTUR GRAMA PANCHAYAT

JUDGEMENT

(1.) W.P.(C) Nos.17148/2020 and 10534/2021 are filed by the same petitioner and the writ petitions relate to the same legal issue. W.P.(C) No.27773/2020 and W.P.(C) No.28527/2020 are filed by two others, in similar circumstances. In WP(C) No.17148/2020, the petitioner seeks to quash Ext.P9 order rejecting his application for D&O Licence and seeks to declare that he is entitled to the licence in view of Exts.P1 to P6. Pending WP(C) No.17148/2020, the Grama Panchayat issued a communication dated 19.04.2021 informing that the Panchayat has taken a policy decision not to grant D&O Licence for new quarries. The said order, Ext.P10, is under challenge in WP(C) No.10534/2021.

(2.) In W.P.(C) No.27773/2020, the petitioner seeks to quash Ext.P8 and to declare that the action of the 1 st respondent in not processing the application covered by Ext.P6 is highly unjust and illegal. W.P.(C) No.28527/2020 has been filed seeking to quash Ext.P8 therein by holding that the general decision to ban future quarries as per Ext.P5 due to the existence of other quarries, is unconstitutional after calling for the records leading thereto. The petitioner also seeks to declare that he has secured valid Deemed D&O Licence from 15.01.2019 for running the quarry.

(3.) The disputes in all the four writ petitions arise consequent to a decision taken by the Triprangottoor Grama Panchayat following the resolutions of Grama Sabhas, not to grant D&O Licence to new quarries, citing environmental concerns. The respondents and documents are referred to in this judgment as they are arrayed/marked in WP(C) No.17148/2020.