IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 3767 of 2009(W) -------------------------------------- PETITIONER: ------------------- V.N.GOPINATHAN PILLAI, SECRETARY, MANIMALAYAR SAMRAKSHANA SAMITHI, VALIYATHOTTATHIL VEEDU,KOTTANGAL P.O, CHUNGARAPPARA, PATHANAMTHITTA. BY ADVS. MR.T.M.ABDUL LATHEEF, MR.A.MUHAMMED HASHIM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECREARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR, MINING AND GEOLOGY, THIRUVANANTHAPURAM. 3. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, PATHANAMTHITTA. 4. DISTRICT COLLECTOR, PATHANAMTHITTA. 5. DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 6. TAHSILDAR, MALLAPPALLY. 7. KOTTANGAL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KULATHOOR PO, VIA VAIPUR, PATHANAMTHITTA. 8. ANU.T.GEORGE, VADAKKEMURIYIL HOUSE, KOLABHAGOM P.O, THADIYOOR, THIRUVALLA, PATHANAMTHITTA. W.P.(C). NO.3767/2009-W: 9. M/S. ANITY ROCKS PRODUCTS (PVT) LTD, CHUNKAPPARA, PATHANAMTHITTA, REPRESENTED BY ITS MANAGING DIRECTOR, K.J.PAUL.S/O.K.V.JOSEPH. R1 TO R6 BY GOVT. PLEADER SMT. SUDHA DEVI, R7 BY ADV. MR.T.S.JOHN, R9 BY ADV. MR.SIBY MATHEW, MR.PHILIP J.VETTICKATTU, MR.B.PREMNATH, SMT.LAKSHMI.V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3767/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PHOTOGRAPH. EXT.P.2: COPY OF THE PHOTOGRAPH. EXT.P.3: COPY OF THE PHOTOGRAPH. EXT.P.4: COPY OF THE PHOTOGRAPH. EXT.P.5: COPY OF THE PETITION SUBMITTED BY THE PETITIONER DTD. 15/01/2009. EXT.P.6: COPY OF THE ORDER G.O.(RT).NO.667/05/ID DTD. 20/07/2005. EXT.P.7: COPY OF THE REPORT NO. P.F.S.P.66/07 DTD. 22/05/2008 OF THE DIVISIONAL FOREST OFFICER, PUNALUR, OBTAINED BY THE PETITIONER VIDE LETTER NO. VE4- 8046/08 DTD. 30/12/2008 OF THE VIGILANCE CHIEF FOREST CONSERVATOR, THIRUVANANTHAPURAM. EXT.P.8: COPY OF THE LETTER NO. D.4625/04 DTD. 25/02/2005 OF THE DIVISIONAL FOREST OFFICER. EXT.P.9: COPY OF THE ORDER NO. C7-16604/07 DTD. 17/04/2007 OF THE R.4. EXT.P.10: COPY OF THE LICENSE NO. C4-02-2008-2009 DTD. 11/04/2008 ISSUED BY THE R.7. EXT.P.11: COPY OF THE REPORT APPEARED IN MADHYAMAM DAILY DTD. 22/12/2008. EXT.P.12: COPY OF THE RELEVANT PAGE OF THE MINUTES BOOK FOR THE MEETING HELD ON 23/12/2008 OF THE R.7. EXT.P.13: COPY OF THE LICENSE DTD. 26/12/2008 ISSUED BY THE R.7. RESPONDENTS' EXHIBITS: EXT.R7.A: COPY OF THE JUDGMENT IN W.P.(C) NO. 3698/2005(M) PASSED BY THIS HONOURABLE COURT. EXT.R9.A: COPY OF A ROUGH SKETCH OF THE PROPERTY SHOWING THE LOCATION OF THE CRUSHER UNIT. EXT.R9.B: COPY OF PROVISIONAL REGISTRATION ISSUED BY THE ASST. DISTRICT INDUSTRIES OFFICER, TIRUVALLA TO THE PETITIONER. W.P.(C). NO.3767/2009-W: EXT.R9.C: COPY OF PROCEEDINGS NO. PCB/CE/PT/146/2004 DTD. 05/08/2004 OF THE KERALA STATE POLLUTION CONTROL BOARD. EXT.R9.D: COPY OF LICENSE NO. E/SC/KL/22.575 (E.23624) ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES. EXT.R9.E: COPY OF LETTER NO. C1-9136/04 DT. 10/09/2004 ISSUED BY THE DISTRICT MEDICAL OFFICER,PATHANAMTHITTA. EXT.R9.F: COPY OF LETTER NO. A.E43/04, DTD. 09/09/2004 ISSUED BY THE INSPECTOR OF FACTORIES & BOILERS. EXT.R9.G: COPY OF ORDER NO. 323/2004-05/5079/M3/04 DT. 18/08/2004 ISSUED BY THE DIRECTOR OF MINING & GEOLOGY. EXT.R9.H: COPY OF ORDER DTD. 20/07/2005 OF THE R.1. APPROVING THE MINING LEASE. EXT.R9.I: COPY OF CONSENT ORDER ISSUED TO THE UNIT BY THE POLLUTION CONTROL BOARD, DT. 17/01/2007. EXT.R9.J: COPY OF ORDER DT. 11/04/2007 GRANTING N.O.C. BY THE PRINCIPAL AGRICULTURAL OFFICER. EXT.R9.K: COPY OF LICENCE DT. 26/12/2008 ISSUED BY THE PANCHAYAT. EXT.R9.L: COPY OF CONSENT ORDER DT. 17/12/2008 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.R9.M: COPY OF LETTER DT. 10/06/2008 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY. EXT.R9.N: COPY OF THE MINUTES OF MEETING DT. 24/09/2008 CONVENED BY THE PRINCIPAL SECRETARY, INDUSTRY DEPARTMENT. EXT.R9.O: COPY OF ORDER DT. 11/03/2008 ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES EXTENDING THE PERIOD OF LICENSE TO 31/03/2010. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI ---------------------------------------- W.P.(C)No.3767 of 2009 ----------------------------------------- Dated this the 7th day of April, 2009. JUDGMENT The petitioner challenges Ext.P12 resolution of the panchayat resolving to grant a licence for quarrying to the 9th respondent. 2. Learned counsel for the 9th respondent points out that firstly, the resolution of the panchayat for granting licence is appealable under Section 76 of the Panchayat Act. Secondly, the licence period as per Ext.P13 expired on 31.3.2009. The panchayat has taken a decision to renew the licence for a period subsequent thereto. The said decision would be independently appealable. 3. If the petitioner applies for a copy of the proceedings of the 7th respondent, whereby Ext.P13 licence has been renewed in favour of the 9th respondent, the same shall be given to him within one week from the filing of such application. It is open to the petitioner to file an appeal before the competent authority and the appellate authority, the Tribunal, shall decide the same, after notice to the W.P.(C)No.3767 of 2009 :: 2 :: petitioner and the licensee. The licensee will be at liberty to take up all his contentions, including the one relating to the absence of any grievance on the part of the petitioner vis-a-vis the licensee. I make it clear that if an appeal is filed by the petitioner, the same shall be decided, after hearing the licensee also and uninfluenced by the fact that no appeal was preferred against Ext.P13 licence. I make it clear that I have not gone into the merits of the contentions of either parties. The same has to be dealt with by the appellate tribunal along with the contention raised by the licensee regarding the absence of locus standi on the part of the petitioner. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/- //true copy//