ENDEAVOUR SAND Vs. SECRETARY, KARAKURUSSI GRAMA PANCHAYAT

JUDGEMENT

(1.) The above writ petition is filed with following prayers :

(2.) The petitioner is a firm engaged in the business of crushing and manufacturing of granite aggregates. The petitioner submitted an application for license to conduct M Sand unit under Sec. 232 of the Kerala Panchayat Raj Act, 1994 before the respondent along with other licenses/consents/NOC from the statutory authorities. It is the case of the petitioner that respondent vide Exts.P11 and P12 refused to consider the application for license on the basis of Exts.P5and P6 decision taken by the Karakurissi Grama Panchayat. According to the petitioner, he is having all licenses/consents/NOC from the other statutory authorities. The respondent has no jurisdiction or power to refuse the application for license. According to the petitioner, he is entitled to get license in the light of GO (P) No.156/2021/LSGD dtd. 29/7/2021 and also in the light of mandatory proviso to Rule 6 of the Kerala Panchayat Raj (Issue of License to Factories, Trades, Entrepreneurship Activities and other Services) Rules, 1996. Hence this writ petition is filed.

(3.) Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 1st respondent.