AJANTHA Vs. NAGAROOR GRAM PANCHAYAT

JUDGEMENT

(1.) The petitioner, who is carrying on quarrying operations had applied for a renewal of the Dangerous and Offensive (D and O) license that was granted to him by the respondent Panchayat. The said application was rejected by Ext.P6 order stating that the renewal application could not be considered on merits since the petitioner had not obtained a permission in terms of Section 233 of the Kerala Panchayat Raj Act. In the writ petition, it is the specific case of the petitioner that in the quarrying unit, he uses only a portable drilling machine for the purposes of the quarrying activities and, inasmuch as the said machine is exempted in terms of Section 233B (d) of the Act, the requirement of taking a permit in terms of Section 233 does not arise in his case. The prayer in the writ petition therefore is for quashing Ext.P6 order and directing the respondents to consider and pass orders on the application for renewal of D and O license, afresh, taking note of the statutory provision governing issuance of a permit under Section 233.

(2.) A statement has been filed on behalf of the respondent Panchayat, wherein reference is made to a decision of this Court in Mathai John v. District Collector (2015 (3) KLT 195) , where considering a similar issue and interpreting the very same provision a learned Single Judge found that the word portable drilling machine used in Section 233B (d) would refer only to such machines as are used for construction purposes alone, and not other purposes. It is contended placing reliance on the said decision that inasmuch as the petitioner cannot aspire for the exemption under Section 233B (d), he would be obliged to get the permit in terms of Section 233 as a precondition for carrying on quarrying activities under cover of the D and O license. Ext.P6 order rejecting the application for renewal of D and O license is sought to be justified on the said ground.

(3.) I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondent Panchayat.