JOSE Vs. MANAKKAD GRAMA PANCHAYATH

JUDGEMENT

(1.) The prayers in the above two writ petitions are as follows:

(2.) The petitioners are owners of land in which the 3rd respondent is conducting mining operations on the basis of licence issued by respondents 1 and 2. An agreement had been entered into on 1/11/2014 between the petitioners and the 3rd respondent regarding the quarrying operation, a copy of which has been produced as Ext.P1. Ext.P1 was followed by Ext.P2 agreement dtd. 24/1/2020. The prayer in the writ petition is for a direction to respondents 1 and 2 to consider Ext.P5 complaint filed by the 2nd petitioner on 16/7/2021 and a mass petition submitted by 17 local residents including petitioners 2 and 3, and, not to issue any licence to the 3rd respondent under the Kerala Panchayat (Licensing of Dangerous and Offensive Trades and Factories) Rules (the Rules for short).

(3.) The writ petition is filed by the 3rd respondent in W.P. (C)No.20081/2021 against the Panchayat and its Secretary, praying to quash Exts.P11 and P15 issued by the 2nd respondent, and, to direct the 2nd respondent to renew Ext.P8 trade licence for the year 2021-22, for which Ext.P10 application had been submitted by the petitioner before the 2nd respondent on 15/3/2021. There is also a prayer for a declaration that the petitioner is entitled for a deemed licence under Sec. 236(3) of the Kerala Panchayat Raj Act, 1994 (the Act for short) for operating the quarry of the petitioner covered by Ext.P7, for the year 2021-22 and a direction to the 2nd respondent to issue a licence in the paper form.