TOMY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of a quarry operated by the petitioner in W.P.(C) Nos.15505 and 31684 of 2016, while W.P.(C) No.25529 of 2019 is filed by third persons, challenging the Environmental Clearance No.24/2016 dated 04.03.2016, granted to the petitioner in the other writ petitions vis-a-vis the stop memo issued by the State Environment Impact Assessment Authority, Kerala (for brevity, 'the SEIAA') and declining of D&O licence by the Thalappalam Grama Panchayat. Therefore, I heard them together and propose to deliver this common judgment.

(2.) I have heard Sri. George Poonthottam, learned Senior Counsel for the petitioner, assisted by Advocate Jobi Jose Kondody, Sri. P.B.Sahasranaman, learned counsel for the petitioners in W.P.(C) No.25529/2019, Sri. M.H. Hanil Kumar, learned Special Government Pleader, Sri. M.P. Sreekrishnan, learned Standing Counsel appearing for SEIAA, Sri. P. Vijayakumar, learned ASGI, Sri. Georgekutty Mathew, learned Standing Counsel appearing for the Panchayat, and Sri. Shaji Thomas, Porkkattil, learned counsel appearing for additional 7th & 8th respondents in W.P.(C) No.15505/2016. Perused the pleadings and the documents on record.

(3.) So far as W.P.(C) No.15505 of 2016 is concerned, it is filed challenging Ext.P11 order dated 15.04.2016 issued by the Secretary of the Grama Panchayat and Ext.P12 decision of the Thalappalam Grama Panchayat dated 11.04.2016, declining renewal of licence to the quarry operator. There, the case projected by learned Senior Counsel for the petitioner is that, consequent to the Reference Order rendered by the Full Bench of this Court in 'Tomy Thomas v. State of Kerala and Others' [2019 (4) KHC 553 (FB)], the legal position has changed by virtue of the amendments in the Kerala Panchayat Raj Act, 1994 and the Rules thereto and the Village Panchayats do not enjoy any primacy in the power, to refuse applications seeking permission for construction or establishment of any factory, workshop or workplace under Sec.233 of the Kerala Panchayat Raj Act, on and from the date of enforcement of the amendments.