Jalaludeen K. v. Veliyam Grama Panchayat and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN`** ``` FRIDAY, THE 1[ST] DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 WP(C) NO.12237 OF 2023 ``` ## **`PETITIONER:`** ``` JALALUDEEN K., AGED 65 YEARS S/O.KUNJU MAIDEENKUNJU, CHARUVILA PUTHEN VEEDU, VELIYAM (WEST) P.O. KOLLAM DISTRICT, PIN - 691540 ``` ``` BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH ``` ## **`RESPONDENTS:`** - **`1 VELIYAM GRAMA PANCHAYAT, VELIYAM P.O. KOLLAM DISTRICT, REPRESENTED BY THE SECRETARY, PIN- 691537`** - **`2 THE SECRETARY, VELIYAM GRAMA PANCHAYAT, VELIYAM P.O. KOLLAM DISTRICT, PIN - 691537`** - **`3 M.S.BIJU, S/O. C.MURALEEDHARAN ASWATHY, VELIYAM WEST P.O., VELIYAM VILLAGE, KOTTARAKARA TALUK KOLLAM -691540`** - **`4 SHAJI, S/O.BHASKARAN, SMRUTHI, VELIYAM WEST P.O., VELIYAM VILLAGE, KOTTARAKARA TALUK,KOLLAM -691540`** - **`[ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER ORDER DATED 5.07.2023 IN I.A.NO.1/23 IN WP(C) NO.12237/2023]`** ``` BY ADVS. SASITH M R B.MOHANLAL ASWIN V. NAIR ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ``` ``` ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.12237 of 2023 2 ## **`JUDGMENT`** ``` This writ petition was tagged along with WP(C) No.17994 of 2023 and with the consent of the parties, the same is untagged and is posted for hearing separately. ``` ``` 2. The petitioner is a grantee of Ext.P1 Letter of Intent by the Geologist, Department of Mining and Geology, Kollam for conducting quarrying operations with respect to an extent of 71.61 Ares of land comprised in Survey Nos.30/3-2, 30/3-3, 30/3-4, 30/14, 37/5-1, 37/5-2 and 37/5-3 of Veliyam Village, Kottarakkara Taluk, Kollam District. Ext.P2 is the approved mining plan, Ext. P3 is the Environmental Clearance issued by the State Environment Impact Assessment Authority, ``` W.P.(C) No.12237 of 2023 3 ``` Ext.P4 is the Explosive Licence and Ext. P5 is the Consent to Operate issued by the Pollution Control Board. The petitioner states that on receipt of the above statutory licences and permissions, he approached the 2[nd] respondent, the Secretary of the 1[st]respondent Panchayat by filing Ext.P6 application for licence under Sections 232 and 233 of the Kerala Panchayat Raj Act, 1994 [for brevity, ‘the Act’], on 13.02.2023. Ext.P7 is the receipt issued in acknowledgment of Ext.P6 application. It is stated by the petitioner that the 2[nd] respondent has not issued any communication to him within 30 days of submission of the application, either rejecting or allowing the same and that he is, therefore, entitled for a deemed licence as contemplated under Sections 236(3) and 233(6) of the Act. Accordingly, the petitioner has ``` W.P.(C) No.12237 of 2023 4 ``` filed this writ petition for a declaration that Ext.P6 application has been crystalised into a deemed licence by operation of law by virtue of Sections 236(3) and 233(6) of the Act. ``` ``` 3. A counter affidavit has been filed on behalf of respondents 1 and 2, wherein it is stated that Ext.P6 application was not properly filled up and the petitioner failed to furnish the required details in the relevant columns. It is also stated that the petitioner failed to produce No Objection Certificate from the Mining and Geology Department and the property deed where he is intending to conduct the quarrying activity. Accordingly, Ext.R1(a) letter was issued to the petitioner on 25.02.2023 by the Office of the 2[nd] respondent, through ordinary post, asking him to cure those defects. The 2[nd] respondent has also ``` W.P.(C) No.12237 of 2023 5 ``` produced a copy of the Despatch-cum-Stamp Account Register (Ext.R1(b)) to show that Ext.R1(a) was despatched to the petitioner on 25.02.2023. On the basis of Ext.R1(a), the 2[nd] respondent states that since the application of the petitioner was defective and the said fact was communicated to him within 30 days from the date of receipt of Ext.P6, he is not entitled for any deemed licence. It is stated that there is protest from the local residents against granting licence to the petitioner’s quarry and that there is a water tank installed by the Kerala Water Authority near the proposed quarry. It is further stated that despite pointing out the defects in Ext.R1(a), except for producing certain documents including the title deeds, other defects were not cured by the petitioner. Later, during the pendency of this ``` W.P.(C) No.12237 of 2023 6 ``` writ petition, the application of the petitioner was rejected vide Ext.R1(d) dated 12.01.2024, a copy of which has been produced along with a statement. In Ext.R1(d), it is stated that Ext.P6 application has been rejected for the reason that it is incomplete and not in the proper form. ``` ``` 4. The additional respondents, who are the residents of the locality, have stated in their application for impleading that if licence is granted to the petitioner, it would cause pollution and health hazards in the locality, and that the petitioner has obtained the licence, permissions and consents by playing fraud on the authorities and by misrepresentation. ``` ``` 5. Heard Sri. Philip J.Vettickattu, the learnedcounselforthepetitioner, Sri.M.R.Sasith, the learned Standing Counsel for ``` W.P.(C) No.12237 of 2023 7 ``` respondents 1 & 2 and Sri. Mohan Lal, the learned counsel for additional respondents 3 & 4. ``` ``` 6. Ext. P6 composite application under Sections 232 and 233 of the Act was submitted by the petitioner on 13.02.2023. As per Section 236(3) of the Act, the application has to be considered within 30 days from the date of receipt, or else the petitioner will be entitled for a deemed licence. According to the petitioner, the 2[nd] respondent did not pass any order, either rejecting or allowing the application within 30 days from the date of receipt, and thus he is entitled for a deemed licence. ``` ``` 7. The learned counsel for the 2[nd] respondent submits that Ext.R1(a) letter was issued to the petitioner pointing out that there were certain defects in the application and that the petitioner ``` W.P.(C) No.12237 of 2023 8 ``` was asked to cure those defects. The petitioner neither cured the defects nor resubmitted the application and therefore, he is not entitled for a deemed licence. The learned counsel refers to Ext.R1(b), copy of the Despatch-cum-Stamp Account Register of the panchayat to show that Ext.R1(a) letter was despatched to the petitioner on 25.02.2023 by ordinary post. Referring to Ext.R1(d), it is submitted that Ext.P6 application has been rejected for the reason that it is incomplete and not in the proper form. ``` ``` 8. The learned counsel for the petitioner submits that he has not received Ext.R1(a) letter. He refers to Rule 3 of the Kerala Panchayat Raj (Manner of Service of Notices) Rules, 1996 ('Service of Notices Rules' for short) and submits that the notice in the nature of Ext.R1(a) has to ``` W.P.(C) No.12237 of 2023 9 ``` be served by registered post. The learned counsel also refers to Rule 5A of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship Activities and Other Services) Rules, 1996 (the 'Trade Rules' for short) and submits that the defects in the application shall be informed to the applicant forthwith on receipt of the application. Since no decision was taken by the 2nd respondent on his application within the period of 30 days of its submission, it is contended that the petitioner is entitled to deemed licence. ``` **`9. Sections 232, 233 and 236 of the Act, 1994`** **`read as follows:`** ``` “Section 232 ``` ``` Purpose for which places may not be used without a licence ``` W.P.(C) No.12237 of 2023 10 ``` (1) The Village Panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf , without a licence issued by the Secretary and except in accordance with the conditions specified in such licence: ``` ``` Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication. ``` ``` Section 233 ``` ``` Permission for the construction of factories and the installation of machinery ``` ``` (1)No person shall, without the permission of the Village Panchayat and except in accordance with the conditions specified in such permission,- ``` ``` (a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water ``` W.P.(C) No.12237 of 2023 11 ``` power or other mechanical power or electrical power; or ``` ``` (b) install in any premises any machinery or manufacturing plant driven by any power as aforesaid, not being machineryormanufacturingplant exempted by the provisions of this Act or the rules made thereunder. ``` ``` (2) An application for permission under sub-section (1) shall be submitted to the Village Panchayat addressed to the Secretary or officer authorized by the Secretary in such form and with such details as prescribed. ``` ``` (2A) The Secretary or officer authorized by him shall, issue an acknowledgement to the applicant, on receipt of application along with the supporting documents in the form, as may be prescribed, and shall verify the application and all supporting documents on the spot itself, and if any supporting document is not found attached along with the application, the ``` W.P.(C) No.12237 of 2023 12 ``` Secretary or officer authorized by him shall, immediately inform the applicant in writing the list of missing documents and allow the applicant to submit the missing documents as early as possible, but not later than five days from the date of receipt of application. ``` ``` (3) the Secretary or the officer authorised by him shall, as soon as may be, after the receipt of the application enquire and report to the Village Panchayatastowhetherthe establishment of the factory, workshop or workplace or other installation of machinery or manufacturing plant for which permission is applied for is objectionable by reason of density of population in the neighbourhood and possibility to cause nuisance or pollution and the Village Panchayat, after having considered the application and the reports of the Secretary and of such other authorities as specified in sub-section (4) may, as expeditiously as ``` W.P.(C) No.12237 of 2023 13 ``` possible, within thirty days, grant the permission either absolutely or subject to such conditions as it thinks fit to impose. ``` ``` (4) Before granting permission under sub-section (3), the Secretary, shall obtain and consider. ``` ``` (a) a report of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948) or of an officer of the Industries Department not below the rank of an Industries Extension Officer having jurisdiction over the area regarding the adequacy of ventilation, light etc. and sufficiency of the height and size of the rooms and doors and the suitability of exists to be used in case of fire in the plan of factories, workshop, workplace or premises if they came within the purview of the Factories Act, 1948 (Central Act 63 of 1948) and such other matters as may be prescribed : ``` ``` (b) a report of the District Medical ``` W.P.(C) No.12237 of 2023 14 ``` Officer in case the applicant is a hospital,clinic,para-medical institution, clinical laboratories or other healthcare institution, regarding the possibility of nuisance or pollution if the connected load of the machinery proposed to be installed exceeds 25 HP or if the nature of the machinery and installation are such that it may cause nuisance or pollution; and ``` ``` (c) a report of the Divisional Fire Officer or any other officer authorised by him regarding the adequacy of fire prevention and fire fighting measures planned if the proposed industry involves the use of high tension power or inflammable or explosive materials: Provided that, no report under clause (b) shall be called for in respect of any industry if the applicant produces a declaration recommended by an officer of the Industries Department authorised in this behalf or by the Kerala State Pollution Control Board to the effect ``` W.P.(C) No.12237 of 2023 15 ``` that such industry would not cause pollution. ``` ``` (5) The grant of permission under this section,-- ``` ``` (a) Shall be subject to the conditions to be observed in respect of the replacement of machinery the levy of fees and to such restrictions and conditions as may be prescribed; ``` ``` (b) Shall not be deemed as exempted from observing the provisions contained in section 235 (F) and 235 (H) or 235 (P) and 235 (Q)] ``` ``` (6) If any order, on an application for permission under this section is not communicated to the applicant within thirty days from the date of receipt of application by the Secretary, the application shall be deemed to have been allowed for the period required in the application subject to the Act, rules and bye laws and all conditions which would have been imposed and if any violation is noticed later, the ``` W.P.(C) No.12237 of 2023 16 ``` Secretary shall have the power to cancel the licence after giving a show cause notice to the applicant stating the reason for such cancellation and after examining the submission if any, made within the time specified in the said notice and on such cancellation the Secretary may impose a penalty on the applicant for an amount not exceeding rupees five lakhs.” Section 236 ``` ``` General provisions regarding licences and permissions.- ``` ``` (1) Save as otherwise expressly provided in, or may be prescribed under this Act, every application for any licence or permission under this Act or any rule or bye-law made thereunder, or for the renewal thereof, shall be made not less than thirty and not more than ninety days before the earliest date with effect from which, or the commencement of the period (being three years or such lesser period as is mentioned in the application for ``` W.P.(C) No.12237 of 2023 17 ``` which the licence or permission is required. ``` ``` (2) Save as otherwise expressly provided in, or may be prescribed under this Act, for every such licence or permission fees may be charged on such units and at such rates as may be fixed by the Village Panchayat with due regard to the expenditure to be incurred for rendering service to the trade and for the regulation of the trade, for which the licence or permission is granted. (3) Save as aforesaid, if orders on an application for any such licence or permission are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the Secretary, the application shall be deemed to have been allowed for the period, if any, for which it would have been ordinarily allowed and subject to the law, rules and bye-laws ``` W.P.(C) No.12237 of 2023 18 ``` and all conditions ordinarily imposed. (4) The acceptance of the pre-payment of the fee for any such licence or permission shall not entitle the person making such pre-payment to the licence or permission but only to a refund of the fee in case of refusal of the licence or permission. ``` ``` (5) If an act for which any such licence or permission is necessary is done without such licence or permission or in a manner inconsistent with the terms of the licence or permission obtained then ``` ``` (a) the Secretary may, by notice require the person so doing such act, to alter, remove or as far as practicable restore to its original state, the whole, or any part of any property, movable or immovable, public or private, affected thereby, within a time to be specified in the notice; and shall, so require if directed by the Village Panchayat ``` ``` (b) if no penalty has been specifically provided in this Act for so doing such act, ``` W.P.(C) No.12237 of 2023 19 ``` the person so doing it shall be punishable with fine not exceeding one thousand rupees and with such higher rate of fine in case of repetition of offence and after three offences much severe punishment may be awarded or prosecution proceeding may be initiated as the Panchayat may deem fit. ``` ``` (6) Whenever any person is convicted of an offence in respect of the failure to obtain any such licence or permission, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the Village Panchayat the amount of the fee chargeable for the licence or permission, and may, in his discretion, also recover summarily and pay over to the Village Panchayat such amount, if any, as he may fix as the cost of the prosecution. ``` ``` Explanation.-- The recovery of the fee for a licence or permission under this sub-section shall not entitle the person convicted to the licence or permission. ``` ``` (7) Every order of the Secretary granting or refusing a licence or permission shall be ``` W.P.(C) No.12237 of 2023 20 ``` published on the notice board of the Village Panchayat. ``` ``` (8) Every order of the Secretary refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds. ``` ``` (9) Any licence or permission granted under this Act or any rule made under it may at any time be suspended or revoked by the Secretary, if any of its restrictions, limitations or conditions is evaded or infringed by the grantee or if the grantee is convicted of a breach of the provisions of the Act or of any rules made under it in any matter to which such licence or permission relates or if the grantee has obtained the same by misrepresentation or fraud. ``` ``` (10) It shall be the duty of the Secretary to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and if he ``` W.P.(C) No.12237 of 2023 21 ``` has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law or rules, any condition of a licence or permission or any lawfuldirectionorprohibitionis contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the Secretary or any person to whom he has lawfully delegated his powers or by any force necessary for effecting an entrance under this sub- section. ``` ``` (11) When any licence or permission is suspended or revoked or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall for all purposes of this Act or any rule made under it be deemed to be ``` W.P.(C) No.12237 of 2023 22 ``` without a licence or permission until the order suspending or revoking the licence or permission is cancelled or, subject to sub- sections (3) and (4), until the licence or permission is renewed, as the case may be. ``` ``` (12) Every grantee of a licence or permission shall at all reasonable times, while such licence or permission remains in force, produce the same when required by the Secretary. ``` ``` (13) Notwithstanding anything contained in the provisions of this section, no licence or permission under this Act shall be granted to any person who has defaulted payment of any tax, fees or other dues payable to the Village Panchayat. ``` ``` (underlining supplied) ``` ``` 10.Section 233(6) provides that if any order on an application for permission under the said section is not communicated to the applicant within thirty days from the date of receipt of the ``` W.P.(C) No.12237 of 2023 23 ``` application by the Secretary, the application shall be deemed to have been allowed for the period required in the application subject to the Act, Rules and bye-laws and all conditions that would have been imposed. It further states that, if any violation is noticed later, the Secretary shall have the power to cancel the licence after giving show-cause notice to the applicant. Section 236 deals with general provisions regarding licences and permissions and sub-section (3) thereof provides that if orders on an application for any licence or permission are not communicated to the applicant within 30 days or such lower period as may be prescribed after the receipt of the application by the Secretary, the application shall be deemed to have been allowed for the period, if any, for which it would have ordinarily ``` W.P.(C) No.12237 of 2023 24 ``` allowed and subject to the law, rules and by-laws and all conditions ordinarily imposed. ``` ``` 11. Ext. P6 applicationunder Sections 232 and 233 of the Act was submitted by the petitioner on 13.02.2023. No orders on the application were passed and communicated to the petitioner by the 2nd respondent within 30 days of submission of the application. Therefore, the petitioner contends that his application is deemed to have been allowed on expiry of 30 days. The 2nd respondent contends that in view of Ext.R1(a) letter issued to the petitioner asking him to cure the defects in the application, since the petitioner neither cured the defects nor resubmitted the application, he is not entitled for a deemed licence. The learned counsel for the petitioner disputes the receipt of Ext.R1(a). The learned counsel for the ``` W.P.(C) No.12237 of 2023 25 ``` Panchayat refers to Ext.R1(b) Despatch-cum-Stamp Account Register and submits that Ext.R1(a) was despatched to the petitioner. Rule 3 of the Service of Notices Rules reads as follows: ``` ``` “3. Serving of notice.-(1) In case the Act or rules or bye-laws made thereunder requires the Panchayat to serve any notice or document to a person, such service or sending shall, unless otherwise provided in the Act or rules or bye-laws made thereunder, be done, ``` ``` (a) by service or sending of notice or document to such person; or ``` ``` (b) if such person cannot be found out, by leaving such notice or document at his last known place of abode or business or by entrusting the same to some adult member or servant of his family and in the case of employees working in firms, factories, plants and workshops where admission to notice server is prohibited or where service ``` W.P.(C) No.12237 of 2023 26 ``` of notice cannot be possible in the ordinary course, by entrusting the same to the head of the institution or to any authorised person; or ``` ``` (c) if such person's address elsewhere is known to the Secretary, by sending the same to that address by registered post; or ``` ``` (d) if none of the aforesaid means are available, by affixing the notice in some conspicuous part of his abode or work place. ``` ``` (2) It shall not be necessary to name the owner or occupier in the notice, if such notice is regarding any building or land and in the case of joint owners and joint occupiers it shall be sufficient if the notice is served or sent to anyone of such person. ``` ``` (3) Any bill, notice, order, form, summons, demand notice or other document served or sent under the Act or the rules made thereunder, if so provides that any fee or other sum shall be remitted or any work ``` W.P.(C) No.12237 of 2023 27 ``` shall be executed, or anything shall be paid within such period fixed therein, then unless the Act or rules or bye-laws provides to the contrary, such period shall be calculated from the date of such service or sending. ``` ``` (4) In the case of refusal of a notice, the date of refusal shall be deemed to be the date of service.” ``` ``` 12. This Court in B.B.P.Properties (P) Ltd. v. Chengamanadu Grama Panchayat[2010 (1) KLT 306], interpreting Rule 3 of theService of Notices Rules, held that, when notices which have a bearing on the rights of the parties, the same has to be served by registered post. Paragraph 8 of the judgment reads as follows: ``` ``` “8.Sub rule 1 of Rule 3 gets classified into four clauses. Initially, In Clause (a), it provides for service of notice or sending of notice to the person to whom it ``` W.P.(C) No.12237 of 2023 28 ``` is addressed. Clause (b) provides that if such person cannot be found out, service or sending of notice shall be done by leaving such notice or document at his last known place of abode or business or by entrusting the same....... where admission to notice server is prohibited or where service of notice cannot be possible in the ordinary course, by entrusting the same to the head of the institution or to any authorised person. A proper reading of Clause (b) of Sub-rule 1 of Rule 3 clearly shows that what it takes care of, is the contingency that may arise, owing to failure of personal service of notice. This is why, the prohibition for admission to the notice server and the concept of entrusting the notice in the event of the addressee being not found are particularly used in that clause. In that view, clause (b) operates as the prescription as to the modality for service of notice in the event of the mode prescribed in Rule 3(1)(a) failing. Therefore, the prescription in clause (a) ``` W.P.(C) No.12237 of 2023 29 ``` of Rule 3(1) is personal service. This is what is treated as a service in the ordinary course. This conclusion is also fortified by the fact that clause (c) of Rule 3(1) provides for sending the notice or document to the address of the person by registered post, if the person's address elsewhere is known. Clause (d) is the procedure to be adopted in the event of none of the other three modes being available or possible.” ``` ``` Admittedly, Ext.R1(a)letter was sent by ordinary post and not by registered post. Further, Sections 233(6) and 236(3) of the Act provide for communication of orders on the application to the applicant within thirty days. Therefore, the mere dispatch of Ext.R1(a) letter will not suffice toavoid the consequences of the deeming fiction, unless it is shown that the said ``` W.P.(C) No.12237 of 2023 30 ``` letter was communicated to the petitioner.A Division Bench of this Court in Koottikkal Grama Panchayat v. Vazhathara Granites and Aggregates Pvt. Ltd. [2018 (3) KLT 410] has held that the 30 days’ time period mentioned in Section 236(3) of the Act will require communication of the decision to the applicant and mere posting of the communication, will not suffice. ``` ``` 13. Further, Section 233 (2A) (extracted above) and Rule 5A of the Trade Rules provide for acknowledgment of application for licences under Sections 232 and 233 of the Act. Rule 5A reads as follows: ``` ``` “5A.The Secretary or the officer authorized by him shall issue an acknowledgment to the applicant on the receipt of application along with the supporting documents in Form No.1 appended ``` W.P.(C) No.12237 of 2023 31 ``` to these rules. The Secretary or the officer authorised by him, shall, immediately on receipt of the application, verify the application and all the supporting documents on the support and if any supporting document required is not attached with the application, the Secretary or the officer authorized by him shall immediately inform the applicant regarding the details of the missing document, if any, and allow the applicant to submit the missing document at the earliest but not later than three days from the date of receipt or application.” ``` ``` There is nothing on record to show that the Secretary or the officer authorised by him, immediately upon receipt of Ext.P6 application verified the same and the supporting documents and informed him of the defects as provided under the Section 233 (2A) of the Act and Rule 5A of the Trade Rules. Ext.R1(a) communication which is ``` W.P.(C) No.12237 of 2023 32 ``` stated to be issued after 12 days of submission of Ext.P6 application is not in tune with the requirements under Section 233 (2A) and Rule 5A of the Trade Rules. ``` ``` 13. As regards Ext.R1(d) communication rejecting Ext.P6 application after one year after its submission, such rejection of the application after the stipulated period is of no consequence. InSudhakaran v.Pallichal Grama Panchayat [2016 (2) KLT 175],the Division Bench of this Court observed as follows; ``` ``` “14. The consideration of an application for permission or licence or renewal thereof is available only during the period prescribed for the same and unless the order is communicated within the specified time, either granting the renewal or rejecting the same, ``` W.P.(C) No.12237 of 2023 33 ``` the Panchayat cannot exercise jurisdiction to reject the same at a later occasion.” ``` ``` 14. Ext.P6 application under Sections 232 and 233 of the Act was submitted by the petitioner on 13.02.2023. No decision on the application was taken and communicated to the petitioner by the 2nd respondent within 30 days of submission of the application. Accordingly the petitioner has secured a valid deemed licence with effect from 16.03.2023. It is declared that the petitioner has secured a valid deemed licence under Sections 232 and 233 of the Act by virtue of Sections 233(6) and 236(3) of the Act. There will be a direction to the 1st respondent to issue the licence in paper form to the petitioner within a period of one week from the date of receipt of a copy of this judgment. The petitioner is also entitled to get ``` W.P.(C) No.12237 of 2023 34 ``` the licence renewed as one ordinarily allowed, in accordance with law.It is made clear that, in case there is any violation of any of the provisions of the Act, it will be open to the 2[nd] respondent to revoke the licence, in accordance with law. ``` ``` The writ petition is disposed of with the said directions. ``` ## **`Sd/-`** ``` MURALI PURUSHOTHAMAN JUDGE ``` ``` sp/01/03/2024 ``` W.P.(C) No.12237 of 2023 35 ## **`APPENDIX`** ## **`PETITIONER'S EXHIBITS:-`** ## **`EXHIBIT P1`** ``` TRUE COPY OF THE LETTER OF INTENT NO. 1321/D.O.Q/S.2/2018 DATED 11/07/2018 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, KOLLAM TO THE PETITIONER ``` - **`EXHIBIT P2`** ``` TRUE COPY OF THE RELEVANT PAGE OF THE MINING PLAN DATED 24/09/2018 APPROVED BY THE COMPETENT AUTHORITY ``` ``` EXHIBIT P3 ``` - **`TRUE COPY OF THE PROCEEDINGS OF THE COMPETENT AUTHORITY GRANTING ENVIRONMENTAL CLEARANCE DATED 01/12/2022`** - **`EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE BEARING NO. E/SC/KL/ 22/1753(E 62744) DATED 09/02/2023`** ## **`EXHIBIT P5`** - **`TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD NO. KSPCB/KL/ICO/ 10014160/2023 DATED 15/01/2023 WHICH IS VALID UPTO 30/11/2025`** ## **`EXHIBIT P6`** - **`TRUE COPY OF THE COMPOSITE APPLICATION DATED 13/02/2023 SUBMITTED BY THE PETITIONER U/SS. 232, 233 OF THE ACT, 1994`** ``` EXHIBIT P7TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 13/02/2023 ISSUED FROM THE OFFICE OF THE 1 ST RESPONDENT SHOWING THE SUBMISSION OF EXT. P6 APPLICATION ``` W.P.(C) No.12237 of 2023 36 ## **`RESPONDENT'S EXHIBITS:-`** ``` EXHIBIT R1(A) ``` ``` THE TRUE COPY OF COMMUNICATION ISSUED BY THE PANCHAYATH TO THE PETITIONER INTIMATING THE PETITIONER TO CURE DEFECTS IN HIS APPLICATION DATED 25.02.2023 ``` ``` EXHIBIT R1(B) ``` - **`TRUE COPY OF THE DISPATCH CUM STAMP ACCOUNT REGISTER OF RESPONDENTS SHOWING THAT EXT-R1(A) WAS SENT TO THE PETITIONER ON 25.02.2023`** ``` EXHIBIT R1(C) ``` ``` THE TRUE COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT OF KERALA DATED 15.03.2010 ``` ``` EXHIBIT R1(D) ``` - **`THE TRUE COPY OF THE ORDER DATED 12.01.2024 ISSUED BY THE 2ND RESPONDENT`** ``` EXHIBIT-R3(A) ``` - **`THE TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2023-24 DATED 17/05/2023 ISSUED BY THE VILLAGE OFFICER, VELIYAM VILLAGE IN FAVOR OF THE 1ST PETITIONER'S WIFE SMT.PREETHA`** ``` EXHIBIT-R3(B) ``` - **`THE TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2023-24 DATED 30/04/2023 ISSUED BY THE VILLAGE OFFICER, VELIYAM VILLAGE IN FAVOR OF THE 2ND PETITIONER`** ``` EXHIBIT-R3(C) ``` ``` THE TRUE COPY OF THE PROPERTY TAX FOR THE YEAR 2021-2022 DATED 11/02/2022 ISSUED BY THE 2ND RESPONDENT IN FAVOR OFTHE1STPETITIONER'SWIFE SMT.PREETHA ``` W.P.(C) No.12237 of 2023 37 ``` EXHIBIT-R3(D) ``` ``` EXHIBIT-R3(E) ``` ``` THE TRUE COPY OF THE PROPERTY TAX FOR THE YEAR 2021-2022 DATED NIL ISSUED BY THE 2ND RESPONDENT IN FAVOR OF THE 2ND PETITIONER ``` ``` THE TRUE COPY OF THE MASS COMPLAINT DATED 27/02/2023 SUBMITTED BY THE PETITIONER AND THE RESIDENTS OF THE LOCALITY TO THE 2ND RESPONDENT ```