M/S INCHAPPARA SAND & GRANITES (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR Vs. KALANJOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Petitioner has been conducting quarrying operations in Pathanamthitta District after obtaining all requisite licences and permits. According to the petitioner, petitioner possesses two valid quarrying leases permitting the petitioner to extract granite building stone from Sy.Nos.166/2-6, 166/2-7 and 166/2-9 of Koodal Village. It is also the case of the petitioner that, petitioner possesses the consent issued by the Pollution Control Board for carrying out quarrying operations as well as an Environmental Clearance certificate, evident from Exts.P1 and P1(a) to P1(d). On the basis of Ext.P1 series of permits, petitioner submitted Ext.P2 application seeking D & O licence, evident from Ext.P2(a) receipt. Even though an establishment permit under Sec.233 of the Kerala Panchayat Raj Act is not required for operating a quarry, as a matter of abundant caution, petitioner submitted an application before the 2nd respondent on 14.03.2018 seeking an establishment permit under Sec.233, evident from Ext.P3 and Ext.P3(a) receipt.

(3.) However, no orders have been issued by the Panchayat rejecting the application till date, thereby, according to the petitioner, conferring a deemed licence on the petitioner under Sec.236(3) and 233(5A) of the Kerala Panchayat Raj Act, since 30 days have elapsed from the date of application submitted by the petitioner. Therefore, according to the petitioner, petitioner is having a deemed licence in order to proceed with the quarrying operations. It is also submitted that, the Panchayat has not taken a decision on the petitioner's application within 15 days, so far as establishment permit under Sec.233(5A) of the Panchayat Raj Act, and therefore, petitioner has obtained the deemed establishment permit by 30.02018. However, in spite of the request made by the petitioner, the deemed licence is not issued to the petitioner.