High Court of KeralaSingle JudgeWrit petition allowed; licence to be granted.

ARUN S. AGED 36 YEARS S/O SARANGADHARAN v. STATE OF KERALA and OTHERS

Case / Petition Number:WP(C) No.13482 of 2021

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

Kerala Micro Small and Medium Enterprises Facilitation Act, 2019

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 NameCitationTreatmentExplanation
Lizy Aby v. State of Kerala2021 (1) KLT 374PositiveThe 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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Extracted Judgment Text

Exact text extracted from official judgment records.

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 26[TH] DAY OF JULY 2021 / 4TH SRAVANA, 1943** ## **WP(C) NO. 13482 OF 2021** ## **PETITIONER:** ARUN S. AGED 36 YEARS S/O SARANGADHARAN, A.A.VILLA, ALUMPEDIKA P.O.CLAPPANA VILLAGE, AYIRAMTHENGU, KARUNAGAPPALLY, KOLLAM -690 547. BY ADV B.MOHANLAL ## **RESPONDENTS:** |1|STATE OF KERALA| |---|---| ||REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL| ||SELF GOVERNMENT DEPARTMENT, SECRETARIAT,| ||THIRUVANANTHAPURAM-695 001.| |2|THE ASSISTANT EXECUTIVE ENGINEER,| ||INLAND NAVIGATION SUB DIVISION, ASRAMAM P.O.KOLLAM-691 002.| |3|THE TAHSILDAR,| ||TALUK OFFICE, CIVIL STATION, KARUNAGAPPALLY, KOLLAM-690| ||518.| |4|THE VILLAGE OFFICER| ||ALAPPAD VILLAGE, ALAPPAD P.O.KARUNAGAPPALLY, KOLLAM-690 525| |5|THE ALAPPAD GRAMA PANCHAYATH,| ||REPRESENTED BY ITS SECRETARY , CHERIYAZHIKKAL| ||P.O.KARUNAGAPPALLY, KOLLAM-690 573| |6|THE ALAPPAD GRAMA PANCHAYATH COMMITTEE,,| ||REPRESENTED BY ITS PRESIDENT, CHERIYAZHIKKAL| ||P.O.KARUNAGAPPALLY, KOLLAM-690 573| ||BY ADV SHRI.SUDHEESHKAR S., SC, ALAPPAD GRAMA PANCHAYAT| ||BY GOVT. PLEADER SRI.RAVIKRISHNAN| THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** ## **= = = = = = = = = = = = = = = = = = W. P. (C) No.13482 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 26[th] day of July, 2021** ## **J U D G M E N T** The petitioner had been aspiring to start a boat yard, for repairing and maintenance works, in the property belonging to the petitioner and his wife, and his father. For the purpose, he has obtained the following documents :- - (1) Exts.P4-permission from the Joint Director of Factories and Boilers. - (2) Ext.P5-consent from the Fire and Rescue Department. - (3) Ext.P6-clearance from the Kerala Coastal Zone Management Authority. - (4) Ext.P17-consent from the Kerala State Pollution Control Board. - (5) Ext.P9-order from the Inland Navigation Department. - (6) Ext.P13-certificate from the District Industries Centre. W. P. (C) No.13482 of 2021 -: 2 :- (7) Ext.P15-order of the 5th respondentpanchayat, regularising the building for industrial occupancy. However, the petitioner has not been able to commence functioning due to non-issuance of licence from the 5th respondent-Panchayat. 2. As per Ext.P19 dated 22.06.2021, the Panchayat has taken a decision that the request of the petitioner need be considered only after ascertaining the title over the property since the Panchayat Committee entertains “a doubt” that, there has been encroachment into Puramboke. The Committee decided to request the Revenue/Survey authorities to have inspection done and to ascertain the title over the property. Right from the inception, the Panchayat had been attempting to thwart the project, for some extraneous reason, alleges the petitioner. It is aggrieved thereby that the petitioner has approached this Court. W. P. (C) No.13482 of 2021 -: 3 :- 3. Seeking issuance of licence, the petitioner had earlier approached this Court in WP(C) No.24680/2019. Therein also, the very same contention, that the Panchayat entertains a suspicion/doubt that the property claimed by the petitioner includes Puramboke land, was urged. This Court in the judgment dated 31.10.2019 noticed that the basis on which such a doubt is entertained is not evident and directed the Panchayat to look into the same and pass appropriate orders after hearing the petitioner. 4. The Inland Navigation Department who had originally issued Ext.P9 order in favour of the petitioner, had cancelled it on the aforesaid allegations that there has been encroachment into the Puramboke by the petitioner. However, as per Ext.P12 order dated 30.12.2019, on being convinced based on the report of the Village Officer dated W. P. (C) No.13482 of 2021 -: 4 :- 05.11.2019, that there has been no encroachment into Puramboke, restored the permission granted to the petitioner. Reference 3 in Ext.P12 is the report of the Village Officer. 5. Raking up of the same objections again by the Panchayat, based on no materials cannot be countenanced, for refusal of permission to the petitioner. 6. That apart, the petitioner's business having been registered under the Kerala Micro Small and Medium Enterprises Facilitation Act 2019, it might be possible to contend that, in the light of the judgment of this Court in _**Lizy Aby v. State of Kerala [2021 (1) KLT 374]**_ , even a licence from the Local Self Government Institution might not be necessary. However, I do not consider it necessary to go into the said issue for the present. Suffice it to hold that, the application submitted by the petitioner W. P. (C) No.13482 of 2021 -: 5 :- is liable to be granted without reference to the objections raised in Ext.P19. In the result, the writ petition is allowed. The 5[th] respondent shall pass orders on the petitioner's application for licence, as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment and without reference to the reason indicated in Ext.P19. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 13482/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|THE TRUE COPY OF THE LAND TAX REMITTED BY THE| ||PETITIONER AND HIS WIFE FOR THE YEAR 2021-22| ||DATED 07/06/2021 ISSUED BY THE 4TH RESPONDENT| |Exhibit P2|THE TRUE COPY OF THE LAND TAX RECEIPT DATED| ||7.6.2021 ISSUED BY THE 4TH RESPONDENT TO THE| ||PETITIONERS FATHER SRI SARANGADHARAN.| |Exhibit P3|THE TRUE COPY OF THE BUILDING TAX RECEIPT| ||DATED 14.12.2020 ISSUED BY THE 5TH RESPONDENT| |Exhibit P4|THE TRUE COPY OF THE ORDER NO G-1720/2019/F&| ||B/R.DIS DATED 30.3.2019 ISSUED BY THE JOINT| ||DIRECTOR OF FACTORIES AND BOILERS, KOLLAM| |Exhibit P5|THE TRUE COPY OF THE ORDER NO C-3134/2019| ||DATED 6.5.2019 ISSUED BY THE DISTRICT FIRE| ||OFFICER, FIRE AND RESCUE SERVICES, KOLLAM| |Exhibit P6|THE TRUE COPY OF THE ORDER NO 657/A1/19/KCZMA| ||DATED 15.6.2019 ISSUED BY THE KERALA COASTAL| ||ZONE MANAGEMENT AUTHORITY| |Exhibit P7|THE TRUE COPY OF THE CONSENT NO| ||PCB/KO/NOC/97/2019 DATED 13.3.2019 ISSUED BY| ||THE ENVIRONMENTAL ENGINEER, KERALA STATE| ||POLLUTION CONTROL BOARD, KOLLAM TO THE| ||PETITIONERS UNIT M/S OCR MARINE.| |Exhibit P8|THE TRUE COPY OF THE AGREEMENT NO| ||D2/491/INSD/2019-2020 DATED 6.8.2019 EXECUTED| ||BY THE PETITIONER WITH THE 2ND RESPONDENT| |Exhibit P9|THE TRUE COPY OF THE ORDER NO| ||D2/491/INSD/2019-2020 DATED 6.8.2019 ISSUED| ||BY THE 2ND RESPONDENT| |Exhibit P10|THE TRUE COPY OF THE COMMUNICATION NO 294-| ||2884/19 DATED 10.7.2019 ISSUED BY THE 5TH| ||RESPONDENT TO THE PETITIONER| |Exhibit P11|THE TRUE COPY OF THE JUDGMENT DATED| ||31.10.2019 IN WPC NO 24680/2019 OF THIS| ||HONBLE COURT| APPENDIX/ **WP(C) 13482/2021** -2- |Exhibit P12|THE TRUE COPY OF THE ORDER NO D2-| |---|---| ||491/INSD/2019-20 DATED 30.12.2019 ISSUED BY| ||THE 2ND RESPONDENT TO THE PETITIONER| |Exhibit P13|THE TRUE COPY OF THE ACKNOWLEDGEMENT| ||CERTIFICATE NO KLMSE-125/2020 DATED 25.1.2020| ||ISSUED BY THE GENERAL MANAGER DISTRICT| ||INDUSTRIES CENTRE, KOLLAM TO THE PETITIONER| |Exhibit P14|THE TRUE COPY OF THE REPORT NO| ||DICKLM/7183/2019-K13 DATED 16.6.2020 ISSUED| ||BY THE GENERAL MANAGER, DISTRICT INDUSTRIES| ||CENTRE, KOLLAM AND THE REPORT| |Exhibit P15|THE TRUE COPY OF THE ORDER NO A4-3812/2020| ||DATED 11.2.2020 ISSUED BY THE 5TH RESPONDENT| |Exhibit P16|THE TRUE COPY OF THE ORDER NO A7-1542/21| ||DATED 15.3.2021 ISSUED BY THE 5TH RESPONDENT| ||TO THE PETITIONER| |Exhibit P17|THE TRUE COPY OF THE CONSENT NO| ||PCB/KO/ICO/F/142/2021 DATED 12.4.2021 ISSUED| ||BY THE ENVIRONMENTAL ENGINEER, KERALA STATE| ||POLLUTION CONTROL BOARD, DISTRICT OFFICE,| ||KOLLAM TO THE PETITIONER| |Exhibit P18|THE TRUE COPY OF THE RECEIPT NO 2698 DATED| ||13.4.2021 ISSUED BY THE 5TH RESPONDENT TO THE| ||PETITIONER| |Exhibit P19|THE TRUE COPY OF THE ORDER NO A7-2698/21| ||DATED 22.6.2021 ISSUED BY THE 5TH RESPONDENT| ||AND THE DECISION NO 16(10 DATED 11.6.2021 OF| ||THE 6TH RESPONDENT| |Exhibit P20|THE TRUE COPY OF THE ORDER NO C1-11716/19| ||DATED 10/0/2020 ISSUED BY THE 3RD RESPONDENT| ||TO THE PETITIONER| -----