MALABAR GRANITES Vs. SECRETARY

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P9 communication issued by the 1st respondent, i.e., the Secretary of the Koppam Grama Panchayat dated 13.04.2018, declining to renew the licence to the Crusher Unit of the petitioner for want of No Objection Certificates from Fire & Rescue Department and the District Medical Officer. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is conducting a Crusher Unit in Ward No.9 of the Koppam Grama Panchayat. The Crusher Unit was originally established in the year 1995, in pursuance of the permission granted by the Koppam Grama Panchayat as per Ext.P11 proceedings dated 18.12.1995. According to the petitioner, 1st respondent was granting/renewing licence from time to time till 31.03.2018. The unit is having all the statutory licences or consent, i.e., consent to operate by the Pollution Control Board, licence issued by the Factories and Boilers etc.

(3.) Ext.P6 application was submitted by the petitioner for renewal of the licence for the period 2018-19. It is the case of the petitioner that, Rule 10 of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trade and Factories) Rules, 1996, (hereinafter referred to as 'the Rules, 1996') stipulates the 1st respondent to renew the licence on submission of such application. However, 1st respondent rejected the same for want of No Objection Certificates as specified above. Further, vide the provisions of the Kerala Investment Promotion and Facilitation Ordinance, 2017, which was later enacted as a law, states that, an NOC from the DMO is applicable only in respect of hospital, clinic, para medical or clinical laboratories or other health care institutions.