SAFA STONE CRUSHER AGASTIAMOOZHI Vs. SECRETARY MUKKOM MUNICIPALITY

JUDGEMENT

(1.) The captioned writ petitions are materially connected and the petitioner in the writ petitions is also one and the same person. The subject matter relates to declining licence to the petitioner by the Municipality for the years 2017-18 and from 2018 for a period of five years. Therefore, I heard them together and propose to deliver a common judgment. Separate narration of facts are not required. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner has been conducting quarrying operations since the year 2010 in the area comprised in Survey Nos.147/2A2 and 149/2B1 of Thazhekkad Village of Kozhikode Taluk, with all statutory licences including the licence issued by the erstwhile Mukkom Grama Panchayat, which was later constituted as a Municipality with effect from November, 2016. According to the petitioner, the quarry was originally established in the year 2003 by one Basheer, and was in operation till then with the composite licence issued from time to time by the erstwhile Mukkom Grama Panchayat.

(3.) However, in view of the declaration of law in 'Nature Lovers Forum v. State of Kerala, (2016) 1 KLT 75', regarding the necessity of Environmental Clearance, the Geologist has directed the petitioner to stop quarrying operation for want of Environmental Clearance. Petitioner has thereafter taken Environmental Clearance and also obtained Letter of Intent from the Geologist in respect of the same area which has been under quarrying operations. As per the terms of the Letter of Intent, petitioner has to obtain all statutory licences/consents and produce it before the Geologist, who is the authority to ascertain whether the applicant is in possession of all necessary licence/consents etc. for granting the licence.