ARUN VARGHESE Vs. PALLICHAL GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who is a quarry operator, seeking a declaration that petitioner has secured a deemed licence under Sec.236(3) of the Kerala Panchayat Raj Act, and a further direction to the 2nd respondent to issue formal renewal of licence to the petitioner for conducting the quarry, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner secured a quarrying lease to undertake quarrying operations in an extent of 1.6650 Hectares of property situate in Re-survey Nos.62/2, 63/1-1, 53/1-2 and 63/1-3 of Pallichal Village in Thiruvananthapuram District. The said quarrying lease was originally granted to one Vasan Krishnan on 20.06.2007 for a period of 12 years, expiring on 19.06.2019. Subsequently, the lease was transferred, evident from Ext.P1 order dated 28.03.2018 of the Director of Mining and Geology. Thereafter, petitioner obtained Ext.P1(a) consent from the Pollution Control Board for conducting quarrying operations. Pursuant to the transfer of lease, petitioner sought D & O licence for the year 2018-19 by submitting Ext.P2 application before the 2nd respondent dated 19.05.2018, evident from Ext.P2(a) receipt of acknowledgement.

(3.) The case of the petitioner is that, after Ext.P2, till date no orders have been passed by the Panchayat rejecting the application, thereby conferring a deemed licence on the petitioner as contemplated under Sec.236(3) of Kerala Panchayat Raj Act. It is also submitted that, in accordance with the said provision, a decision shall be communicated to the petitioner within 30 days, failing which, petitioner is entitled to enjoy a deemed licence. It is further submitted that, the respondents are duty-bound to issue the licence to the petitioner, and in spite of the earnest efforts of the petitioner, no action is initiated, which constrained the petitioner to approach this Court by filing this writ petition.