ARUN S. AGED 36 YEARS S/O SARANGADHARAN v. STATE OF KERALA and OTHERS
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Sathish Ninan
- Judgment Date
- 2021-07-26
- Court Decision / Holding
- Writ petition is allowed. The 5th respondent shall pass orders on the petitioner's application for licence, as expeditiously as possible and at any rate within two weeks from the date of receipt of a copy of this judgment and without reference to the reason indicated in Ext.P19.
- Final Disposition
- Writ petition allowed; licence to be granted.
Parties to the Case
Appellants / Petitioners
- ARUN S. AGED 36 YEARS S/O SARANGADHARAN
Respondents
- State of Kerala
- The Assistant Executive Engineer, Inland Navigation Sub Division, Asramam, Kollam
- The Tahsildar, Taluk Office, Civil Station, Karunagappally
- The Village Officer, Alappad Village
- The Alappad Grama Panchayath
- The Alappad Grama Panchayath Committee
Legal Representation & Advocates
Counsels for Petitioners
- • B. MOHANLAL
Counsels for Respondents
- • SHRI.SUDHEESHKAR S., SC, ALAPPAD GRAMA PANCHAYAT
- • GOVT. PLEADER SRI.RAVIKRISHNAN
Case Synopsis & Summary
Arun S., a resident of Kollam, sought to start a boat yard for repairing and maintenance on property owned by him and his wife, and his father. He had obtained several clearances: Ext.P4 from the Joint Director of Factories and Boilers; Ext.P5 from Fire and Rescue; Ext.P6 from the Kerala Coastal Zone Management Authority; Ext.P17 from the Kerala State Pollution Control Board; Ext.P9 order from the Inland Navigation Department; Ext.P13 from the District Industries Centre; Ext.P15 order of the 5th respondent Panchayat regularising building for industrial occupancy. However, licence could not be issued because the 5th respondent Panchayat after Ext.P19 doubted title and suspected Puramboke encroachment, asking Revenue/Survey authorities to verify title. The petitioner alleges the Panchayat has persistently thwarted the project for extraneous reasons, and that Ext.P19’s reasons are unsubstantiated. He had earlier asserted the same in WP(C) 24680/2019; the Court there directed the Panchayat to decide after hearing him. The Inland Navigation Department had initially granted Ext.P9 but cancelled it on encroachment allegations; later, based on a Village Officer report, Ext.P12 restored the permission, showing no encroachment. The petitioner’s business falls under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019; the judge notes that Lizy Aby v. State of Kerala suggests a Local Self Government licence might not be necessary, but declines to decide that issue here. Ultimately, the Court allowed the petition and directed the 5th respondent to grant the licence within two weeks.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that the Panchayat has, from inception, sought to thwart the project for extraneous reasons and relies on Ext.P19’s title doubt regarding Puramboke encroachment. He cites the numerous regulatory approvals obtained (Exts.P4, P5, P6, P7, P9, P12, P13, P15, P17) to show compliance and readiness for licensing. He argues that the Inland Navigation Department’s earlier cancellation, and its subsequent restoration after the Village Officer’s report (no encroachment), undermine the Panchayat’s objections. He notes the decision in WP(C) 24680/2019 directing a hearing and that the enterprise is registered under the Kerala MSME Facilitation Act, 2019, suggesting license may be unnecessary in light of Lizy Aby v. State of Kerala. He requests licence grant without reference to Ext.P19 and urges expeditious action.
Contentions of Respondents
The respondents argue that Ext.P19 reflects a valid consideration by the Panchayat and that title clearance is a prerequisite to issuing a licence. They emphasize ongoing concerns about Puramboke encroachment and the need for proper verification by Revenue/Survey authorities. They contend that despite earlier permissions, due process and potential encumbrances justify withholding licence until title is clarified, aligning with the Panchayat’s role and statutory mandates. They rely on the prior sequence of orders (Exts.P9, P12, P15) and the need to harmonize multiple regulatory requirements, and maintain that Lizy Aby’s stance is not determinative in the present fact pattern.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Lizy Aby v. State of Kerala | 2021 (1) KLT 374 | Positive | The court cites and follows Lizy Aby to indicate that a licence from a Local Self Government Institution might not be necessary in the relevant context. |
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