HILL TOP AGGREGATES Vs. KANNAMBRA GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed to quash Ext.P13 decision passed by the Village Panchayat rejecting the petitioner's application for trade licence.

(2.) The petitioner firm is an holder of Ext.P1 letter of intent to conduct quarrying operations in a property situated within the territorial limits of the 1st respondent - Panchayat. The petitioner has received all the requisite licences and permissions from the competent statutory authorities. Consequently, the petitioner submitted Ext.P9 application dtd. 11/3/2025 before the 2nd respondent to obtain permission under Sec. 232 of the Kerala Panchayat Raj Act, 1994 r/w Rule 5 of the Kerala Panchayat Raj Rules, 1996 (hereinafter referred to as" the Act and Rules"), as evidenced by Ext.P11 receipt. By Ext.P12 communication dtd. 26/3/2025, the 2nd respondent has forwarded Ext.P13 decision of the Village Panchayat rejecting Ext.P9 application. Ext.P13 decision is illegal and arbitrary and against Sec. 232 r/w Rule 5A of the Act and Rules. Under Sec. 232 of the Act, it is only the Secretary, who is the competent authority to take a decision on an application for trade licence. The Village Panchayat has no jurisdiction to consider the said application. Therefore, Ext.P13 decision may be quashed.

(3.) The respondents has filed a counter affidavit, inter alia, contending that as the petitioner proposes to operate a quarry near a residential area, and there were widespread protests in view of anticipated landslides. Moreover, the Village Panchayat wanted to ascertain the ownership of the land and the places where the explosives would be stored. The contention of the petitioner is that they are entitled to the deemed licence. By Ext.R1(c) resolution, the Village Panchayat decided not to grant permission for installation of machineries in the property. There is no error in Ext.P13 decision of the Village Panchayat and hence, the writ petition may be dismissed.