ANIYERI SATYAN Vs. THE TRIPRANGOTTOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) The reliefs sought for by the petitioner in this writ petition are to declare that the D & O licence contemplated in Sec. 236(3) of the Kerala Panchayat Raj Act, 1994, came into effect with effect from 06.03.2018, allowing the petitioner to conduct quarrying activities, as prayed for in the application covered by Ext.P3, and further to declare that, in the light of the deemed licence, Ext.P5 has no basis and quash the same by issuance of a writ of certiorari. Basic relevant facts for the disposal of the writ petition are as follows:

(2.) Petitioner who has obtained Ext.P1 environmental clearance for quarrying applied for D and O licence with the 2nd respondent on 02.02.2018. According to the petitioner, the application covered by Ext.P3 was not considered for long period. Thereupon, petitioner is entitled to get deemed licence as is contemplated under Sec. 236(3) of the Kerala Panchayat Raj Act, 1994 [for short, 'the Act, 1994']. That apart, it is submitted that, after securing deemed licence, the respondent has no authority to dispose of the application covered by Ext.P3. It is stated that, Ext.P1 environmental clearance was secured by the petitioner as early as on 18.11.2017, which is valid up to 17.11.2022. Letter of intent is obtained on 09.05.2017, evident from Ext.P2. After securing Exts.P1 and P2, petitioner approached the 2nd respondent for D and O licence by submitting an application on 02.02.2018, which was received as per Ext.P3 dated 02.02.2018. It is further submitted that, some of the elected members of the Committee of the 1st respondent and the person in charge of the 2nd respondent were demanding illegal gratification and thereby they did not process the application covered by Ext.P3.

(3.) That apart, it is submitted that, the Panchayat considered the matter in detail in order to find out whether there is any reason to refuse the application with a view to pressurize the petitioner by pointing out the defects. As part of it, the Grama Panchayat committee as per its decision No.69/2018 in the meeting held on 16.04.2018 decided to demand the District Collector to withdraw Ext.P1 environmental clearance. However, according to the petitioner, the District Collector has rejected the request, and in the meanwhile, petitioner approached the District Collector seeking direction to the 2nd respondent to issue a certificate recording that due to non-communication of the order of refusal for granting of the application for D and O licence, petitioner has secured deemed licence.