MALABAR GRANITES Vs. THE SECRETARY, KOPPAM GRAMA PANCHAYAT

JUDGEMENT

(1.) Heard Sri.Philip J. Vettickattu, the learned counsel for the appellant. Also heard Sri.S.P.Aravindakshan Pillai, the learned Standing Counsel for Koppam Grama Panchayat.

(2.) The appellant is the writ petitioner and he is aggrieved by the judgment dated 24.01.2019 in WP(C) No. 15914 of 2018. That case was filed seeking quashing of the communication dated 13.04.2019 (Ext.P9) of the Secretary of the Koppam Grama Panchayath to the petitioner, who applied for renewal of D&O licence for operating the crusher unit, to the effect that they are required to furnish the No Objection Certificates from the Fire and Rescue Officer as also the District Medical Officer, for considering renewal of the licence. The contention of the writ petitioner was that such No Objection Certificate from the two specified authorities is not contemplated at the time of seeking renewal of the existing licence. In support of the contention, the petitioner relied on Rule 10 of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (for short, "the Rules").

(3.) As the records show, the writ petitioner is conducting the crusher unit since the year 1995 and the renewal for the D&O licence was being granted without any difficulty till 2018. They submitted the application for renewal for the year 2018-19 as per Ext.P6 on 19.03.2018 under the Rules. But, on this occasion, the Koppam Grama Panchayath Authorities insisted on the No Objection Certificates aforementioned as a precondition for considering the renewal. Thus aggrieved, the appellant filed the WP(C) before this Court.