JOICE GEORGE Vs. BHARANANGANAM GRAMA PANCHAYAT BHARANANGANAM

JUDGEMENT

(1.) The writ petition is filed by the petitioners seeking the following reliefs:

(2.) Brief material facts for the disposal of the writ petition are as follows; petitioner has been running a granite quarry & metal crusher unit in his own 10 Acres of property, which according to the petitioner, was done after securing statutory licenses, certificates and consent for the past more than 20 years. While so, petitioner applied for renewal of licence from the Secretary, Bharananganam Grama Panchayat for the year 2013-2014. According to the petitioner, the renewal application was submitted within time and he has produced all records required for consideration of the application as directed by the Secretary of the Grama Panchayat. However, the Panchayat Committee, has not passed any orders as provided under sec. 233(3) of the Kerala Panchayat Raj Act, 1994.

(3.) The case put forth by the petitioner is that some people, who are residing far away from the quarry, are influencing the committee members and the Secretary of the Grama Panchayat, not to renew the licence. Therefore, the case put forth by the petitioner is that due to the pendency of application , a deemed licence has been accrued to the petitioner. It is also the case of the petitioner that the Panchayat has failed to perform its statutory duty warranting directions from this Court under Article 226 of the Constitution of India. That apart it is pointed out that due to the pendency of application for licence before the Panchayat, petitioner has suffered serious consequences and irreparable injuries.