IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 62 of 2008(G) ----------------------- PETITIONER: ------------ CHANGANACHERRY METAL AND ALLIED INDUSTRIES CO-OPERATIVE SOCIETY LTD NO. IND (K) 71,INDUSTRIAL ESTATE P.O. CHANGANASSERRY REPRESENTED BY ITS SECRETARY. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENTS: ------------- 1. THE VAZHAPPALLY GRAMA PANCHAYATH VAZHAPPALLY P.O.,CHANGANACHERRY REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, VAZHAPPALLY GRAMA PANCHAYATH VAZHAPPALLY P.O.,CHANGANACHERRY . BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 62 of 2008 ---------------------------------- Dated this the 4th day of February , 2008 JUDGMENT Detailed pleadings have been raised by the parties and it was very extensive submissions which were addressed before me by Sri.John Varghese, the learned counsel for the petitioner and Sri.T.R.Harikumar, the learned standing counsel for the Panchayat. 2. Having regard to the submissions addressed at the bar, I am of the view that the Panchayat ought to have granted some more time to the petitioner society for producing the various documents, which were called for, by the Panchayat by Ext.P16 letter. Sri.John Varghese would submit that the Society is ready and willing to produce all the eight documents mentioned therein provided a months time is given. But as regards the document, which is mentioned as item '6' in Ext.P16(No Objection Certificate from the District Medical Officer), the learned counsel submitted that the District Medical Officer will not entertain any application directly from the Society. Application for No Objection Certificate has to be routed through the Panchayat itself. The District Medical Officer's stand , in my opinion, has got support of WPC No. 62/2008 2 Section 233 (4) (b) of the Panchayat Raj Act. 3. Under the above circumstances, I am inclined to dispose of this Writ Petition granting reliefs to the petitioner to a certain extent. i). The petitioner is directed to remit Rs.2,500/- (Rupees Two Thousand Five Hundred) on account of arrears of licence fee due from them for the period during which the saw mill was being conducted without valid licence from the Panchayat. Such remittance will be made by the petitioner within two weeks from today. If remittance is made, as directed above, the Panchayat will reconsider the question of issuing licence to the petitioner society or its nominee after granting 45 days time more for producing all the documents mentioned in Ext.P16. ii). As regards documents mentioned as 'item 6' in Ext.P16, the Panchayat will forward an application from the petitioner society to the District Medical Officer for No Objection Certificate immediately and will wait till the Panchayat hears from the District Medical Officer regarding that application. iii). If documents 1 to 5 and 8 are produced by the petitioner society within the time allowed by this judgment, the Panchayat will hear the petitioner after the response of the District Medical Officer to the application of the petitioner society for No Objection Certificate is WPC No. 62/2008 3 received and pass orders on the question of issuing licence regarding saw mill. iv). In order to enable the Panchayat to comply with the above directions, Exts.P8 and P19 are quashed. v). As regards the saw mill unit, the interim order dated 2.1.2008, which is continued subject to the modification made on 7.12.2008, will continue till fresh decision is taken by the Panchayat, pursuant to this judgment. The Writ Petition is allowed to the above extent. PIUS C. KURIAKOSE, JUDGE. dpk