IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 24295 of 2010(J) -------------------------- PETITIONER: ------------- RAJESH P.R., S/O.RAJAN POTTEKKAT HOUSE,KOZHUKULLY PO, THRISSUR DISTRICT BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. NADATHARA GRAMA PANCHAYATH NADATHARA, PIN 680751 THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, SECRETARAIT THIRUVANANTHAPURAM 695 001 3. GEOLOGIST DEPARTMENT OF MINING AND GEOLOGIST DISTRICT OFFICE, THRISSUR 680 001 ADV. SRI.T.C.SURESH MENON FOR R1 GOVERNMENT PLEADER SHRI K.RAMESH FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.24295/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE DEPARTMENT OF KERALA VALUE ADDED TAX ON 2.11.09. EXT.P2: TRUE COPY OF APPLICATION DATED 22.6.09 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF APPLICATION FOR RENEWAL OF LICENCE FILED BY THE PETITIONER BEFORE THE NADATHARA GRAMA PANCHAYAT. EXT.P4: TRUE COPY OF JUDGMENT MADE IN W.P.(C)No.11012/10 DATED 30.3.10. EXT.P5: TRUE COPY OF ORDER DATED 22.4.10 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT PANCHAYAT. EXT.P6: TRUE COPY OF RECOMMENDATION DATED 4.2.10 MADE BY THE 3RD RESPONDENT BEFORE THE DIRECTOR OF MINING AND GEOLOGY. EXT.P7: TRUE COPY OF CIRCULAR DATED 5.4.10 ISSUED BY THE GOVERNMENT OF KERALA, INDUSTRIES DEPARTMENT. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.24295 Of 2010 ----------------------------------------------------- DATED THIS THE 14th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner ventured to do the business in the manufacture and sale of “red earth fitter sand.” He accordingly filed an application for licence which was rejected by the Secretary of the Panchayat as per Exhibit P5. The order was passed in the light of the direction in Exhibit P4 judgment of this Court. The learned counsel for the petitioner submitted that in the light of Exhibit P7 circular, the communication Exhibit P5 cannot be supported. The petitioner has got a remedy to challenge the same before the Committee of the Panchayat and therefore if an appeal is filed by the petitioner along with a copy of this judgment within a period of three weeks, the same will be considered by the Committee of the Panchayat, which will be constituted after the election to the Panchayat, within a further period of two months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn