ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 4th day of December 2019 The petitioner has approached this Court alleging that the 9th respondent is operating an illegal quarry, as also a Tar Mixing Plant, in the "Ambedkar Colony" of the 7th respondent - Varappetty Panchayat, Kothamangalam, without any of the requisite consents and licences and therefore, prays that the competent Authority be directed to take immediate action against him and stop such activities.

(2.) In response, the learned counsel appearing for the 9th respondent - Sri.Jobi Jose Kondody, submits that the allegation that his client is conducting a quarry, is wholly untenable because he has not done so, nor does he intend to do so in future. He submits that his client was originally operating a Hot Mix Plant but that he has now approached the Panchayat for permission to start a Hot Batch Mix Plant and that he will not operate his Unit unless necessary permissions are granted by the competent Authorities including the Panchayat. He says that his client has already completed construction of a building for this purpose but that since it was done without obtaining the prior Building Permit from the Panchayat, he had been allowed to approach its competent Authority to seek regularisation of the same, through Ext.R9(g) judgment. The petitioner says that subsequently, regularisation has now been sanctioned by the Panchayat; and therefore, that there is no legal impediment for the Panchayat to consider his application for Trade Licence. He, therefore, prays that this writ petition be dismissed.

(3.) The learned Standing Counsel for the Panchayat submits that it is true that the 9th respondent's application for regularisation of his building had been considered by them and Ext.R8(e) order has been issued. He, however, submits that this order appears to be deficient in certain legal requirements; and, consequently, that the Panchayat intends to recall the same and to reconsider the said application. He says that this writ petition be, therefore, closed, granting liberty to the Secretary of the Panchayat to act in the afore manner.