Sudharman R. v. Mallappally Grama Panchayath & Mallappally Grama Panchayath Committee

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN`** ``` MONDAY, THE 5[TH] DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 WP(C) NO. 34734 OF 2023 ``` ## **`PETITIONER/S:`** ``` SUDHARMAN R., S/O.LATE RAGHAVAN, AGED 61 YEARS ``` ``` PUTHENVILA VEEDU, KATTAYIL, ODANAVATTOM P.O., KOTTARAKARA, KOLLAM, PIN - 691512 ``` ``` BY ADVS. B.MOHANLAL AJAY S. KOSHY ASWIN V. NAIR BLESSY MARY SEBASTIAN JAYAPRABHA ARJUN ``` ## **`RESPONDENT/S:`** - **`1 THE MALLAPPALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MALLAPPALLY P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689585`** - **`2 THE MALLAPPALLY GR PANAMACHAYATH COMMITTEE, REPRESENTED BY ITS PRESIDENT, MALLAPPALLY P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689585`** ``` BY ADV T.K.BIJU (MANJINIKARA) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` W.P(C) No.34734/2023 ``` ``` 2 ``` ## **`JUDGMENT`** ``` The petitioner has entered into a lease agreement to conduct quarrying operation in respect of 1.4561 Hectares of property in Mallappally Village, Pathanamthitta District covered by Ext.P1 tax receipt and Ext.P2 Possession Certificate. Ext.P3 is the letter of intent issued by the Director of Mining and Geology to conduct quarrying operation in the above extent of land. The petitioner has obtained Ext.P5 Environmental Clearance from the State Level Environment Impact Assessment Authority [SEIAA] and also Ext.P6 consent to operate from the Pollution Control Board. Ext.P7 is the LE-3 License issued by the Joint Controller of Explosives. ``` ``` 2. Pursuant to the aforesaid licences, consent and Environmental Clearance obtained by the ``` ``` W.P(C) No.34734/2023 ``` ``` 3 ``` ``` petitioner, Ext.P9 application dated 03.07.2023 was submitted by the petitioner before the 1[st] respondent for licence to conduct quarrying operation. The petitioner has also submitted Ext.P10 application dated 25.07.2023 through online along with the required documents to the 1[st] respondent for issuance of licence under Sections 232 and 233 of the Kerala Panchayat Raj Act, 1994 [for brevity, ‘the Act, 1994’]. Ext.P11 is the acknowledgment issued by the Panchayat evidencing receipt of Ext.P10. The petitioner states that even after the expiry of 30 days from the date of submission of Ext.P10 application, he has not been issued with any communication, either rejecting or allowing the application or informing him about any defects in the application. The petitioner also states that Ext.P10 application has been crystalised into a deemed permission/licence as contemplated under ``` ``` W.P(C) No.34734/2023 ``` ``` 4 ``` ``` Sections 236(3) and 233(6) of the Act, 1994. Accordingly, the petitioner has filed this writ petition for a declaration that Ext.P10 application for permission and licence as contemplated under Sections 232 and 233 of the Act, 1994 has been crystalised into a deemed grant by operation of law by virtue of Sections 236(3) and 233(6) of the said Act. ``` ``` 3. A counter affidavit has been filed by respondents 1 and 2 wherein it is stated that Ext.P10 application was filed by the petitioner on 25.07.2023 and by Ext.R1(a) dated 09.08.2023, the petitioner was asked to produce certain documents and to cure the defects in the application. The additional documents, as directed, were received on 19.08.2023. The application of the petitioner was presented before the very next Committee after 19.08.2023, i.e., on 25.08.2023 and as per Ext.R1(b) ``` ``` W.P(C) No.34734/2023 ``` ``` 5 ``` ``` resolution, postponed the decision for ensuring proper sanitation facility for workers and lorry drivers at the quarrying site. The said decision of the Committee was communicated to the petitioner on 26.08.2023 as per Ext.R1(c). The petitioner submitted Ext.R1(d) reply on 01.09.2023. Thereafter, on 05.09.2023, 26 residents of Ward No.7 of the Panchayat filed Ext.R1(d) complaint before the Panchayat, requesting not to evict them from their present premises for the purpose of quarrying operation. On receipt of the complaint, the Panchayat called for a meeting of the residents, ward member and the petitioner on 21.09.2023, as evident from Ext.R1(e) minutes. The Panchayat Committee again considered the application of the petitioner on 23.09.2023 and decided to conduct a survey on rehabilitation and deferred final decision as evident from Ext.R1(f) minutes. On 16.10.2023, a ``` ``` W.P(C) No.34734/2023 ``` ``` 6 ``` ``` meeting was held at the office of the Panchayat in which the petitioner as well as the complainants and the members of the Panchayat participated. However, no decision could be arrived at. Ext.R1(h) is the minutes of the said meeting. The application of the petitioner was thereafter taken for consideration by the Panchayat Committee in its meeting held on 21.10.2023 and decided to defer the grant of licence till the redressal of the grievance of the complainants/local inhabitants. Accordingly, the respondents contend that the petitioner is not entitled for deemed licence or licence at the present stage. ``` ``` 4. Heard Sri.B.Mohanlal, learned counsel for the petitioner and Sri.T.K.Biju, learned Standing Counsel for the respondents. ``` ``` 5. Sri.Mohanlal would contend that Ext.P10 application of the petitioner under Sections 232 and ``` ``` W.P(C) No.34734/2023 ``` ``` 7 ``` ``` 233 of the Act, 1994 was submitted on 25.07.2023. Section 236(3) of the Act, 1994 provides that orders on application for licence or permission have to be communicated to the applicant within 30 days after the receipt of such application by the Secretary, or else, the application shall be deemed to have been allowed for the period, if any, for which it would have ordinarily allowed and subject to conditions imposed as per Rules and bye-laws. The period of 30 days expired on 25.08.2023 in terms of Section 236(3) of the Act, 1994. Ext.R1(a) is the letter issued by the Secretary of the Panchayat informing the petitioner of certain defects in Ext.P10 application. Admittedly, the petitioner cured the defects on 19.08.2023. The writ petition was filed on 18.10.2023. In the counter affidavit, it is stated that the application of the petitioner was placed before the Panchayat Committee on 25.08.2023. ``` ``` W.P(C) No.34734/2023 ``` ``` 8 ``` ``` From the averments in the counter affidavit, it can be seen that no decision is taken on the application and the Panchayat Committee had deferred decision on the application on the basis of certain complaints received from the local residents. ``` ``` 6. Sri.Mohanlal submits that since it is admitted by the respondents that the defects in the application were cured on 19.08.2023, in the light of the judgment of the Full Court in Abdul Kharim and Another v. Pazhayakunummel Grama Panchayat and Another [2018 (5) KHC 643], the deemed fiction as per Section 236(3) of the Act, 1994 would come into operation as and when the defects in the application are cured. Sri.Mohanlal also relies on the judgment of this Court in ATC Telecom Infrastructure Pvt.Ltd. v. Kerala State Telecom Advisory Committee [2018 (4) KLT 234]. It is also contended that the application of the petitioner has to be considered by the ``` ``` W.P(C) No.34734/2023 ``` ``` 9 ``` ``` Secretary of the Panchayat and the Panchayat Committee cannot usurp the powers of the Secretary under the Statute. Accordingly, the learned counsel contends that the petitioner has secured deemed licence under Sections 232 and 233 of the Act, 1994 by virtue of Sections 233(6) and 236(3) of the said Act. ``` ``` 7. Per contra, Sri.Biju would contend that the application of the petitioner was not considered within the stipulated period as complaints were received from local residents and since the dispute has to be resolved, the Panchayat Committee has deferred a decision on the application. It is also contended that Ext.P10 application submitted by the petitioner is a composite application under Sections 232 and 233 of the Act, 1994 and a decision has to be taken by the Village/Panchayat and not by the Secretary of the Panchayat. Sri.Biju relies on the ``` ``` W.P(C) No.34734/2023 ``` ``` 10 ``` ``` decision of this Court inKadaplamattom Grama Panchayat, Kottayam and Another v. Johny Roy [2013 (3) KHC 857 : 2013 (3) KLT 1053] in support of the said contention. ``` ``` 8. Sri.Mohanlal would submit that the said decision would not apply to the case on hand, since the said decision was rendered prior to the amendment vide Act 14 of 2018. Sri.Mohanlal refers to the decision of a Full Bench of this Court in Tomy Thomas v. State of Kerala [2019 (3) KLT 987 (FB)], wherein paragraph 23 reads as follows: ``` ``` “23.Undertheabovementioned circumstances the reference is answered by upholding the view taken in Ramapuram Grama Panchayat [supra] as the correct law. But we make it clear that the legal position has been changed by virtue of the amendments as mentioned above and the Village Panchayats do not enjoy any primacy of their power to refuse the applications ``` ``` W.P(C) No.34734/2023 ``` ``` 11 ``` ``` seeking permission for construction or establishment of any factory, workshop or workplace, under S.233 of the Kerala Panchayat Raj Act, on and from the date of enforcement of the amendments.” ``` ``` The Full Bench has categorically held that after the amendment of Section 233 of the Kerala Panchayat Raj Act, 1994 by Act 14 of 2018, the power of the Village Panchayat to refuse permission has been taken away by the Legislature. ``` **`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 ``` ``` (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 ``` ``` W.P(C) No.34734/2023 ``` ``` 12 ``` ``` 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 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 machinery or manufacturing plant exempted by the provisions of this Act or the rules made thereunder. ``` ``` W.P(C) No.34734/2023 ``` ``` 13 ``` ``` (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 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 Panchayat as to ``` ``` W.P(C) No.34734/2023 ``` ``` 14 ``` ``` whether the 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 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 ``` ``` W.P(C) No.34734/2023 ``` ``` 15 ``` ``` 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 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: ``` ``` W.P(C) No.34734/2023 ``` ``` 16 ``` ``` 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 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 ``` ``` W.P(C) No.34734/2023 ``` ``` 17 ``` ``` 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 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 ``` ``` W.P(C) No.34734/2023 ``` ``` 18 ``` ``` the commencement of the period (being three years or such lesser period as is mentioned in the application for 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, ``` ``` W.P(C) No.34734/2023 ``` ``` 19 ``` ``` rules and bye-laws 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, the person so doing it shall be punishable with ``` ``` W.P(C) No.34734/2023 ``` ``` 20 ``` ``` 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 published on the notice board of the Village Panchayat. ``` ``` W.P(C) No.34734/2023 ``` ``` 21 ``` ``` (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 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 ``` ``` W.P(C) No.34734/2023 ``` ``` 22 ``` ``` whether any provision of law or rules, any condition of a licence or permission or any lawful direction or prohibition is 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 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. ``` ``` W.P(C) No.34734/2023 ``` ``` 23 ``` ``` (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. ``` ``` 10.Section 233(6) provides that 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. 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 regardinglicencesandpermissionsand ``` ``` W.P(C) No.34734/202324 ``` ``` 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 allowed and subject to the Law, Rules and by-laws and all conditions ordinarily imposed. ``` ``` 11. Ext.P10 application of petitioner was submitted on 25.07.2023. Even according to the respondents, the defects noted were cured by the petitioner on 19.08.2023. Thereafter, it is stated that, the application was placed before the Panchayat Committee on 25.08.2023. No decisions were taken on the application till date due to the complaint submitted by the local inhabitants. It is submitted that decision was deferred and a decision ``` ``` W.P(C) No.34734/2023 ``` ``` 25 ``` ``` would be taken only after settling the complaint submitted by the local residents. As held by this Court inAbdul Kharim [supra], the deemed fiction as per Section 236(3) of the Act, 1994 would arise again when the petitioner resubmits the application, after curing the defect. The petitioner has cured the defect on 19.08.2023. No orders have been passed on the application of the petitioner till date. Accordingly,the petitioner has secured a valid deemed licence with effect from 18.09.2023. It is declared that the petitioner has secured a valid deemed licence under Sections 232 and 233 of the Act, 1994 on 18.09.2023. ``` ``` There will be a direction to the Secretary of the Panchayat to issue licence in paper form to the petitioner within a period of ten days from the date of receipt of a certified copy of this judgment. It will be open to the competent among the respondents ``` ``` W.P(C) No.34734/202326 ``` ``` to cancel/revoke the licence, in accordance with law, in case of any violation. ``` ``` The writ petition is disposed of. ``` ``` Sd/- ``` ``` MURALI PURUSHOTHAMAN JUDGE ``` ``` sp ``` ``` W.P(C) No.34734/2023 ``` ``` 27 ``` ## **`APPENDIX`** ## **`PETITIONER’S EXHIBITS :-`** ``` EXHIBIT P1 ``` ``` THE TRUE COPY OF THE LAND TAX RECEIPT DATED 24/05/2023 ISSUED BY THE VILLAGE OFFICER, MALLAPPALLY FOR THE PERIOD 2023- 2024 TO SRI.BINU R.S. AND SRI.GEORGE KOSHY ``` - **`EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO:78002242 DATED 24/05/2023 IN RESPECT OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, MALLAPPALLY TO SRI.BINU R.S. AND SRI.GEORGE KOSHY`** - **`EXHIBIT P3 THE TRUE COPY OF THE ORDER NO:1/355098/2023 DATED 05/05/2023 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM TO THE PETITIONER`** - **`EXHIBIT P4 THE TRUE COPY OF THE SURVEY MAP IN RESPECT OF THE PROPERTY ISSUED BY THE DISTRICT GEOLOGIST, PATHANAMTHITTA TO THE PETITIONER`** - **`EXHIBIT P5 THE TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO:22/Q/2022 DATED 11/07/2022 ISSUED BY THE SEIAA, THIRUVANANTHAPURAM TO THE PETITIONER`** - **`EXHIBIT P6 THE TRUE COPY OF THE CONSENT NO:KSPCB/PT/ICO/10014083/2023 DATED 26/06/2023 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PATHANAMTHITTA TO THE PETITIONER`** - **`EXHIBIT P7 THE TRUE COPY OF THE LE-3 LICENSE NO:E/SC/KL/22/1083(E53808) DATED 10/08/2023 FROM THE JOINT CONTROLLER OF EXPLOSIVES, CHENNAI TO THE PETITIONER`** - **`EXHIBIT P8 THE TRUE COPY OF THE DETAILS OF THE MAHENDRA BOLERO CITY VEHICLE BEARING REG.NO:KL-6-3H-7862`** ``` W.P(C) No.34734/2023 ``` ``` 28 ``` ## **`EXHIBIT P9`** ``` THE TRUE COPY OF THE APPLICATION DATED 03/07/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ``` ``` EXHIBIT P10THE TRUE COPY OF THE APPLICATION DATED 25/07/2023 SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT ``` ``` EXHIBIT P11THE TRUE COPY OF THE ACKNOWLEDGMENT DATED 25/07/2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ``` ``` EXHIBIT P12THE TRUE COPY OF THE LETTER DATED 26/08/2023 ISSUED BY THE 1ST RESPONDENT EXHIBIT P13THE TRUE COPY OF THE REPLY DATED 01/09/2023 SUBMITTED BY ME TO THE 1ST RESPONDENT ``` ## **`RESPONDENT’S EXHIBITS :-`** ``` EXHIBIT -R1(B)TRUE COPY OF RESOLUTION 5 OF 25/08/2023 THE DECISION ON ISSUING QUARRYING LICENCE WAS POSTPONED FOR ENSURING THAT IF PROPER SANITATION FACILITY FOR THE WORKERS AND THE LORRY DRIVERS AT THE QUARRYING SITE AND THE DECISION OF THE PANCHAYATH COMMITTEE DATED 25/08/2023 ``` ``` EXHIBIT -R1(C)TRUE COPY OF THE COMMUNICATION TO THE PETITIONER DATED 26/08/2023 EXHIBIT -R1(D)TRUE COPY OF THE COMPLALNT FLLED BY THE RESIDENTS OF MALLAPPALLY GRANA PANCHAYATH 7TH WARD ``` ``` EXHIBIT R1(A)TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 9/08/2023 ``` ``` EXHIBIT -R1(E)TRUE COPY OF THE MINUTES OF THE MEETING DATED 21/9/2023 ``` ``` EXHIBIT -R1(F)TRUE COPY OF RESOLUTION OF THE MALLAPPALLY GRAMA PANCHAYATH DATED 23/09/2023 EXHIBIT -R1(G)TRUE COPY OF THE MINUTES OF THE MEETING ``` ``` W.P(C) No.34734/2023 ``` ``` 29 ``` ``` DATED 10/10/2023 EXHIBIT -R1(H)TRUE COPY OF THE MINUTES OF THE MEETING DATED 16/10/2023 EXHIBIT -R1(I)TRUE COPY OF RESOLUTION NUMBER ONE OF 21/10/2023 ```