LAWS(KER)-2019-12-42

VANIYAMKULAM GRAMA PANCHAYATH Vs. DISTRICT COLLECTOR DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY

Decided On December 11, 2019
Vaniyamkulam Grama Panchayath Appellant
V/S
District Collector District Environmental Impact Assessment Authority Respondents

JUDGEMENT

(1.) These Writ Petitions require to be heard together and are being so done, on account of the interlayered factual circumstances presented therein and because the reliefs to be granted in one will certainly regulate and modulate the reliefs to be granted in the others.

(2.) Among the above three Writ Petitions, WP(C)No.25439/2019 has been filed by an entity called M/s JMC Granites seeking that Ext.P13 order of the 3rd respondent-Secretary of the Vaniyamkulam Grama Panchayath, be set aside, as per which, their application for renewal of the Trade Licence for running a quarry, has been declined merely saying that the Panchayath Committee has decided not to grant any such. M/s JMC Granites asserts that Ext.P13 is illegal and contrary to the declaration of law by the Full Bench of this Court in Tomy Thomas v. State of Kerala [2019(3) KLT 987 (FB)]; and therefore, prays that Ext.P13 be set aside and their application for renewal be directed to be taken up and allowed at the earliest.

(3.) While so, WP(C)No.5589/2019 has been filed by Vaniyamkulam Grama Panchayath, represented through its President, asserting that the activity being carried on by M/s JMC Granites is contrary to the specific directions issued by the District Geologist in Ext.P9 proceedings and therefore, prays that the said Authority be directed to ensure that all such conditions are complied with by them.