NITTA GELATIN INDIA LIMITED Vs. KADUKUTTY GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, which is a company registered under the provisions of the Companies Act, which is having a factory within the jurisdiction of the 1st respondent Grama Panchayath, has filed this writ petition under Art. 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 order dated 08.03.2019 issued by the 2nd respondent, who is the Secretary of the 1st respondent Grama Panchayath, whereby the application made by the petitioner for renewal of D&O licence for the year 2019-24 stands rejected, for the reasons stated therein. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Grama Panchayath to renew the D&O licence of the petitioner for the year 2019-2014; a declaration that the action of respondents 1 and 2 in refusing to issue D&O licence in respect of petitioner's factory for the year 2019-2024 is illegal; and a direction permitting the petitioner to function the factory, till the licence is issued by the Panchayath.

(2.) Heard the learned Senior Counsel for the petitioner, the learned Standing Counsel for the 1st respondent Grama Panchayath representing respondents 1 and 2, the learned Standing Counsel for the Pollution Control Board representing the 3rd respondent and also the learned Government Pleader appearing for the 4th respondent.

(3.) The sole issue that arises for consideration in this writ petition is as to whether any interference is warranted on Ext.P6 order dated 08.03.2019 of the 2nd respondent, whereby an application made by the petitioner for renewal of D&O licence for the year 2019- 24 stands rejected for the reasons stated therein.