MANNARKKAD TALUK KARINKAL QUARRY OPERATORS INDUSTRIAL Vs. THACHANATTUKARA GRAMA PANCHAYATH AND OTHERS

JUDGEMENT

(1.) This writ petition is filed by the petitioner, a Co-operative Society, seeking direction to the 2nd respondent to issue a certificate of declaration that the petitioner is having deemed D&O licence to operate the quarry for the period 2018-19 within a reasonable time, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is an operator of a quarry in the property comprised in Survey No.53/2 of Thachanattukara-2 Village, Mannarkadu Taluk, Palakkad District. According to the petitioner, petitioner is operating the quarry after securing licence/permission/consent from the respective statutory authorities. Ext.P1 is the D&O licence issued by the 2nd respondent on 04.04.2016. Petitioner has obtained the environmental clearance as per Ext.P2 dated 05.03.2018, and Ext.P3 consent is issued by the Kerala State Pollution Control Board on 31.03.2018. Petitioner has also secured Ext.P4 explosive licence and Ext.P5 letter of intent dated 02.08.2017 issued by the Director of Mining and Geology. In accordance with the directions contained in Ext.P5, petitioner has to produce certain documents for obtaining the quarry lease, which includes D&O licence from the 1st respondent. Thereupon, petitioner has submitted an application dated 01.02.2018 before the 1st respondent, to which, the 2nd respondent has issued Ext.P6 receipt. According to the petitioner, the copy of the application for licence was not retained by the petitioner. Even though petitioner tried his level best to secure the D&O licence issued, the respondents are taking a hesitant attitude to issue the same, and it is thus constrained with the said circumstances, petitioner has filed this writ petition.

(3.) Second respondent has filed a detailed counter affidavit. Among other contentions, it is stated that, petitioner had brought an application to the 1st respondent Panchayat, seeking D&O licence for the year 2018-19. However, large number of locals have objected to granting D&O licence for the petitioner to operate the quarry. The objection raised was that due to the operation of the quarry, the structure of their buildings are getting damaged and huge cracks are developed on the walls. That apart, large amount of dust from the quarry is disturbing the normal life of the people of the locality, and thereby they are infected with serious allergies. Other objections are also raised by the people residing in the locality like, children going to school are facing difficulties etc. etc. Thereupon, the Panchayat Committee, as per Ext.R2(a) resolution dated 07.03.2018 decided to hear the objections and a notice dated 03.05.2018 was issued to the petitioner, evident from Ext.R2(b). The hearing was held by the Panchayat Committee headed by the President on 09.05.2018, and after hearing both sides, it was decided by the committee of the Panchayat to reject the application for D&O licence sought for by the petitioner, evident from Ext.R2(c). The decision of the Panchayat committee dated 22.05.2018 is produced as Ext.R2(d). According to the 2nd respondent, the rejection of the application was informed to the petitioner as per Ext.R2(e) letter dated 23.05.2018. Therefore, according to the respondents, petitioner is not entitled to get the reliefs sought for in the writ petition.