THIDANADU GRAMA PANCHAYAT Vs. NISAR RAHEEM

JUDGEMENT

(1.) The captioned writ appeals are filed challenging the judgment of the learned single Judge dtd. 22/6/2022 in W.P.(C) No. 17305 of 2022, whereby the writ petition was allowed holding that the writ petitioner/first respondent has secured a deemed licence by virtue of the legal fiction contained under Sec. 236(3) of the Kerala Panchayat Raj Act, 1994 ('Act, 1994' for short) and consequently, directing the Secretary of the Thidanadu Grama Panchayat to issue necessary deemed licence based on Ext. P5 application as expeditiously as possible, at any rate within two weeks from the date of receipt of a copy of the judgment, with a further rider that the writ petitioner will start quarrying activities only after getting 'No Objection Certificate' as per Sec. 42 of the Kerala Irrigation and Conservation of Water Act, 2003 ('Act, 2003' for short), if such an NOC is necessary as per the above provision.

(2.) Writ Appeal No. 889 of 2022 is filed by the Thidanadu Grama Panchayat and its Secretary, who were respondents 1 and 2 in the writ petition; whereas W.A.No. 962 of 2022 is filed by third parties residing within the limits of the Grama Panchayat, after securing leave to file the writ appeal as per order dtd. 26/7/2022 in I.A. No. 1 of 2022. W.A. No. 889 of 2022 is taken as the leading case and the parties are referred to as arrayed thereunder.

(3.) The basic facts for the disposal of the writ appeals are as follows: