W. P. (C) Nos. 14745 & 19152 of 2023

W. P. (C) Nos. 14745 & 19152 of 2023 ..1.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 26[TH] DAY OF MARCH 2024 / 6TH CHAITHRA, 1946** ## **WP(C) NO. 14745 OF 2023** ## **PETITIONER:** **DILEESH KUMAR, AGED 55 YEARS, S/O. VAMADEVAN, CHAPRAYIL HOUSE, MARANADU P.O., EZHUKONE, KOLLAM, PIN – 691505.** **BY ADVS.M/S.ROSHEN.D.ALEXANDER, TINA ALEX THOMAS, HARIMOHAN & KOCHURANI JAMES** ## **RESPONDENTS:** - **1 NEDUVATHOOR GRAMA PANCHAYAT, NILESWARAM P.O., KOLLAM DISTRICT, PIN – 691505, REPRESENTED BY ITS SECRETARY,** - **2 THE SECRETARY, NEDUVATHOOR GRAMA PANCHAYAT, NILESWARAM P.O., KOLLAM DISTRICT, PIN – 691505.** - **3 THE PRESIDENT, NEDUVATHOOR GRAMA PANCHAYAT, NILESWARAM P.O., KOLLAM DISTRICT, PIN – 691505.** - ***ADDL.4 PRAMOD D., AGED 54 YEARS, S/O. DIVAKARAN, RESIDING AT KIZHANKUVILAVEEDU, VENDAR, P.O. PUTHOOR, KOLLAM DISTRICT, PIN691507.** - ****ADDL.5 PRATHAPAN D., AGED 57 YEARS, S/O. DIVAKARAN, 'PARVATHY' HOUSE, VENDAR P.O, KOLLAM DISTRICT-691507.** W. P. (C) Nos. 14745 & 19152 of 2023 ..2.. - **IS IMPLEADED AS ADDL. R4 AS PER THE ORDER DTD. 21.11.2023 IN I.A.1/2023 IN WPC** - **** IS IMPLEADED AS ADDL. R5 PER THE ORDER DTD. 14.12.2023 IN I.A.2/23 IN WPC** **ADVS.M/S.K.V.ANIL KUMAR, SWAPNA VIJAYAN, RADHIKA S.ANIL** **ADV. SRI. V.PREMCHAND ADV. SRI. GEORGEKUTTY MATHEW ADV. SMT. HAALIYA T.P.** **SRI.GORDEN, SR. G.P.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD** **ON 26.03.2024, ALONG WITH WP(C).NO.19152/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) Nos. 14745 & 19152 of 2023 ..3.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 26[TH] DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 WP(C) NO. 19152 OF 2023** ## **PETITIONER:** **PRADEEP D., AGED 55 YEARS, S/O. DIVAKARAN, KALANGUVILA VEEDU, VENDAR P.O., PUTHOOR, KOLLAM DISTRICT, PIN – 691507.** **BY ADVS.M/S.D.P.RENU & V.R.LAKSHMI** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVT., SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.** - **2 NEDUVATHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NEDUVATHOOR, KOLLAM, PIN – 691507.** - **3 SECRETARY, NEDUVATHOOR GRAMA PANCHAYATH, NEDUVATHOOR, KOLLAM, PIN – 691507.** - **4 DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, ASRAMAM, KOLLAM, PIN – 691002.** - **5 DILEESH KUMAR, S/O. VAMADEVAN, CHAPRAYIL HOUSE, MARANADU P.O., EZHUKONE, KOLLAM, PIN – 691505.** W. P. (C) Nos. 14745 & 19152 of 2023 **==> picture [19 x 9] intentionally omitted <==** ## *** ADDL.6 THE GEOLOGIST,** **DEPARTMENT OF MINING AND GEOLOGY, KOLLAM-691505.** *** ADDL.R6 IS IMPLEADED AS PER ORDER DATED 07/07/2023 IN I.A-1/2023 IN WP(C) 19152/2023** **ADVS.M/S.K.V.ANIL KUMAR, SWAPNA VIJAYAN** **ADVS. M/S. ROSHEN D. ALEXANDER, TINA ALEX THOMAS, HARIMOHAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2024, ALONG WITH WP(C).NO.14745/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) Nos. 14745 & 19152 of 2023 **==> picture [18 x 9] intentionally omitted <==** MOHAMMED NIAS C. P. , J. ============================== W. P. (C) Nos. 14745 & 19152 of 2023 ============================== Dated this the 26[th] day of March, 2024 ## J U D G M E N T The petitioner in W.P.(C) No.14745/2023 is aggrieved by the nonconsideration of his application for renewal of Trade/D & O Licence for the period from 2023-2024. He also claims a deemed licence as of 3.4.2023, as no order rejecting his application was made within one month from the date of application. 2. W.P.(C) No. 19152/2023 is filed by a neighbouring owner alleging that the petitioner in W.P.(C) No. 14745/2023 has encroached on his property, for which proceedings were initiated against the said petitioner leading to the imposition of a penalty. 3. The learned counsel for the petitioner in W.P.(C) No. 14745/2023 relies on the judgment of this Court in _**Sudhakaran V. v. Pallichal Grama Panchayat and Another** [2016 (2) KHC 481]_ for W. P. (C) Nos. 14745 & 19152 of 2023 ..6.. canvassing the preposition that a deemed licence comes into existence if orders in an application for licence or permission is not communicated to the applicant within thirty days. 4. Since the period for which the petitioner in W.P.(C) No.14745/2023 has sought a licence, namely 2023-2024, has expired, there will be a direction to respondents 1 to 3 to consider the application of the said petitioner for the year 2024-2025 if it is otherwise in order, after hearing the petitioner, the 4[th] respondent as well as the petitioner in W.P.(C) No. 19152/2023. Since I am not considering the question of deemed licence, as the period for which the same is sought has expired, respondents 1 to 3 will take a fresh decision, in accordance with law, after hearing all the parties affected, as noted above, within 3 weeks from the date of receipt of an application preferred by the said petitioner. 5. Since the Writ Petition was pending, the petitioner submits, that, he has not made an application for a license for the current year. 6. Accordingly, the petitioner in W.P.(C) No.14745/2023 is granted a week from today to make an appropriate application on which respondents 1 to 3 will take a decision, in accordance with law, after W. P. (C) Nos. 14745 & 19152 of 2023 **==> picture [18 x 9] intentionally omitted <==** hearing the parties aforementioned, within 3 weeks from the date of receipt of the said application. 7. Till orders are passed, as directed above, the status quo as of today shall be maintained. 8. In the light of the judgment in W.P.(C) No. 14745/2023, no further orders are required in W.P.(C) No. 19152/2023, except directing that the said writ petitioner will also be heard in the question of grant of licence to the petitioner in W.P.(C) No. 14745/2023. All other contentions of the parties are left open. The Writ Petitions are disposed of accordingly. Sd/- MOHAMMED NIAS C. P., JUDGE MMG W. P. (C) Nos. 14745 & 19152 of 2023 ..8.. ## **APPENDIX OF WP(C).NO.14745/2023** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE BEARING NO. B/DEIAA/7395/18 DTD. 16.06.2018 ISSUED BY DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY. EXHIBIT P2 TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE KERALA POLLUTION CONTROL BOARD BEARING NO. PCB/KO/ICO/F/630/2015 DTD. 18.07.2018. EXHIBIT P3 TRUE COPY OF PESO LICENSE BEARING NO. E/SC/KL/22/1038 (E50232) DTD. 12.12.2019. EXHIBIT P4 TRUE COPY OF THE RENEWED TRADE LICENSE BEARING NO. 33/2022-2023/A-5/1198 ISSUED BY THE NEDUVATHOOR VILLAGE PANCHAYAT. EXHIBIT P5 TRUE COPY OF THE QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE GOVERNMENT DTD. 31.08.2018. EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR FILE NO. 400308/RPTL20/GENERAL/2023/3808 DTD. 03.03.2023 ISSUED BY THE NEDUVATHOOR GRAMA PANCHAYAT.** W. P. (C) Nos. 14745 & 19152 of 2023 ..9.. ## **EXHIBIT P7** **TRUE COPY OF THE COMMUNICATION BEARING NO. 400308/RPTL20/GENERAL/2023/3808 (1) DTD.07.05.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** **EXHIBIT P8** **TRUE COPY OF THE RESOLUTION BEARING NO. 20(1) DTD. 17.04.2023 THE PANCHAYAT COMMITTEE OF THE 1ST RESPONDENT PANCHAYAT.** ## **RESPONDENTS' ANNEXURES:** **ANNEXURE-R2(A) A TRUE COPY OF THE COMPLAINT DATED 16.09.2022 BEFORE THE 2ND RESPONDENT** **ANNEXURE-R2(B) A TRUE COPY OF THE LETTER DATED 03.10.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ANNEXURE-R2(C) A TRUE COPY OF THE DECISION DATED 24.01.2023 OF THE PANCHAYATH COMMITTEE ANNEXURE-R2(D) A TRUE COPY OF THE COMPLAINT DATED 10.03.2023 BEFORE THE 2ND RESPONDENT** **ANNEXURE-R2(E) A TRUE COPY OF THE LETTER DATED 15.03.2023 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT** W. P. (C) Nos. 14745 & 19152 of 2023 ..10.. ## **APPENDIX OF WP(C).NO.19152/2023** ## **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**|**COMPLAINT DATED 16/05/2023 SUBMITTED**| |---|---| ||**BY THE PETITIONER TO THE 3RD**| ||**RESPONDENT**| |**EXHIBIT P2**|**COMPLAINT SUBMITTED BY THE PETITIONER**| ||**TO THE 4TH RESPONDENT WHICH WAS**| ||**RECEIVED BY HIM ON 08/05/2023**| |**EXHIBIT P3**|**TRUE COPY OF THE JUDGMENT OF THIS**| ||**HON'BLE COURT DATED 01/06/2022 IN W.P.**| ||**(C)17658/2022**| |**EXHIBIT P4**|**TRUE COPY OF FIR NO.0787/2023 DATED**| ||**26.5.2023 OF PUTHOOR POLICE STATION**| |**EXHIBIT P5**|**TRUE COPY OF DISCHARGE CARD DATED**| ||**29.5.2023 ISSUED BY THE JUNIOR**| ||**RESIDENT, DEPARTMENT OF GENERAL**| ||**SURGERY,**<br>**GOVT.MEDICAL**<br>**COLLEGE,**| ||**THIRUVANANTHAPURAM**| |**EXHIBIT P6**|**TRUE COPY OF DISCHARGE SUMMARY NO.7075**| ||**ISSUED BY THE MEDICAL OFFICER.**| ||**A.A.RAHIM**<br>**MEMORIAL**<br>**DIST.HOSPITAL,**| ||**KOLLAM**| |**EXHIBIT P7**|**TRUE COPY OF CT SCAN REPORT DATED**| ||**26.5.2023 ISSUED BY THE JUNIOR**| ||**RESIDENT, DEPARTMENT OF GENERAL**| ||**SURGERY,**<br>**GOVT.MEDICAL**<br>**COLLEGE,**| ||**THIRUVANANTHAPURAM.**| W. P. (C) Nos. 14745 & 19152 of 2023 ..11.. ## **EXHIBIT P8** **TRUE COPY OF CT SCAN REPORT DATED 28.5.2023 ISSUED BY THE JUNIOR RESIDENT, DEPARTMENT OF GENERAL SURGERY, GOVT.MEDICAL COLLEGE, THIRUVANANTHAPURAM** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R5(A)** **EXHIBIT R5(B)** **TRUE COPY OF THE FIR WITH CRIME NO. 788/2023 DTD. 26.05.2023 OF PUTHOOR POLICE STATION UNDER SECTIONS 294(B), 447, 427, 324, 326 AND 308 OF IPC** **TRUE COPY OF FIR WITH CRIME NO. 824/2023 DTD. 02.06.2023 OF PUTHOOR POLICE STATION UNDER SECTIONS 283, 294(B), 323, 506, 427 AND 34 OF IPC.**