PRABHAKARAN Vs. KOTTUKAL GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P11 order passed by the 2nd respondent i.e., the Secretary of the Kottukal Grama Panchayat, declining D&O licence to operate a tar mixing plant within the limits of the Panchayat. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a PWD contractor and he undertakes execution of Government works including Ext.P1, which is a major work involving probable amount of contract of Rs.1,66,79,753/-. For the execution of the works, petitioner has put up a tar mixing plant in the property covered as per Ext.P2 rent deed. Petitioner has obtained consent from the 3rd respondent Pollution Control Board as well as the sanitary fitness certificate from health authorities. Thereafter, petitioner submitted an application to the 1st respondent for issuance of D&O licence. In response to that application, Panchayat issued Ext.P4 letter dated 09.03.2018, requesting the petitioner to cure the defects in the application by furnishing building number, consent issued by Pollution Control Board and sanitary fitness certificate. Pursuant to Ext.P4, petitioner has produced the consent issued by the 3rd respondent and the sanitary certificate. In respect of building number, according to the petitioner, it is a vacant plot where the tar mixing unit was put up. Again, the Panchayat issued Ext.P6 letter, requiring the petitioner to furnish the building number, which, according to the petitioner, is with the malafide motive of denying the licence.

(3.) It is the case of the petitioner that, there is no building required to operate a tar mixing unit, as it is a portable unit. Thereupon, petitioner has filed W.P.(C) No.25460 of 2018 before this Court, and the writ petition was disposed of, directing the 2nd respondent to consider the licence application submitted by the petitioner, taking into account as to whether petitioner is using a portable tar mixing plant, and therefore, asking for building number is an impossible act. Anyhow, the application for D&O licence was declined as per Ext.P9, which was challenged in W.P.(C) No.27753 of 2018, wherein Ext.P9 order was quashed and directed the Secretary to take a fresh decision. It was thereafter taking into account the directions and other aspects, Ext.P11 impugned order is passed by the Panchayat, which is under challenge in this writ petition.