IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9215 of 2008(V) ------------------------- PETITIONER: ------------ HEMA V. KUMAR, K.R.GARDENS, KATTU PUTHUSSERY. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.) SRI.M.CHANDRA BOSE SRI.A.RAJASIMHAN RESPONDENTS: ------------- 1. THE VELINALLOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VELINALLOR, KOTTARAKKARA, KOLLAM DISTRICT. 2. THE JOINT DIRECTOR OF PANCHAYATHS, DIRECTORATE OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 9215 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 JUDGMENT It appears to me that the petitioner is voicing a genuine grievance. The committee of the first respondent Panchayat had taken a decision to grant licence to the petitioner for conducting a crusher unit and pursuant to that decision, the petitioner was issued with a licence. Thereafter the said licence was cancelled by the Secretary of the Panchayat and the decision of the Secretary of the Panchayat was ratified by the Committee of the Panchayat. Against the above action of the first respondent, the petitioner approached the Government. The Government passed Ext.P1 order. Under Ext.P1 order, the Government set aside the decision of the Panchayat to cancel the petitioner's licence and directed the Panchayat to take a fresh decision after affording a hearing opportunity to the petitioner. The grievance of the petitioner is that though Ext.P1 order was issued on 21/06/2007, the petitioner has not so far been invited even for a hearing pursuant to Ext.P1 by the WPC.No.9215/08 2 Panchayat. The petitioner has done whatever is to be done on the petitioner's side. Ext.P2 application for licence has been submitted by the petitioner and Ext.P2 is accompanied by other permits and licenses statutorily required i.e. Ext.P3 consent from the Pollution Control Board, dealers licence under the Kerala Minor Mineral Rules from the Geologist etc. The petitioner has also produced in this writ petition Exts.P5, P6 and P7 which will show that the petitioner's claim for having not only the possession, but also ownership over the property where the crusher unit is to be established is some what correct. 2. I have heard the submissions of Sri.S.Gopakumaran Nair, senior counsel for the petitioner and Sri.K.J.Mohammed Anzar, learned Government Pleader who has taken notice on behalf of respondent 2 and 3. In the nature of the relief which is being given to the petitioner, it is not necessary that I should issue notice to the first respondent also. 3. The ground on which the licence which had initially granted to the petitioner was cancelled by the Secretary was that the local Village Officer has submitted a report to the effect that a portion of the premises where the crusher unit is established is puramboke. WPC.No.9215/08 3 During the course of his submissions, Sri.S.Gopakumaran Nair, submitted that if on a proper measurement, it is revealed that any portion of the properties where the crusher unit is installed is purmaboke, the petitioner will be ready and willing to shift the installations to the land covered by his own title documents or the petitioner will be prepared to take that portion of the puramboke on lease subject to any condition which may be stipulated by the Government. Whatever might have been the reason for cancellation of the licence which had been originally issued, I do not find any justification for the delay that has been caused on the part of the first respondent Panchayat in not complying with the directions in Ext.P1. As rightly submitted by the learned senior counsel, this delay is resulting in prejudice not only to the petitioner, but also to the workers and their families. My attention was drawn by the learned senior counsel to Rule 12(3)(c) of the Dangerous and Offensive Trades and Factories Rules and it was submitted that on the facts in this case there is every justification for permitting the petitioner to operate on the strength of a deemed licence. WPC.No.9215/08 4 4. Learned Government Pleader submitted that the appropriate order to be passed will be to direct the Panchayat to take an early decision on Ext.P2 licence application in the light of the various documents along with the same as well as Ext.P1 order of the Government. 5. Having considered the rival submissions addressed at the Bar, I am of the view that the Panchayat is not justified in delaying the matter this far. Accordingly, the writ petition will stand disposed of issuing the following directions: The Panchayat will take up Ext.P2 immediately, consider the same in the light of the various documents produced along with the application and the directions of the Government in Ext.P1, hear the petitioner and pass a just and proper orders on Ext.P2 application for licence. It is open to the Panchayat to insist that the petitioner submits undertakings regarding puramboke areas if any where installations are made. It is open to the Panchayat also to issue appropriate directions regarding shifting of the crusher unit to the petitioner's own patta land. At any rate the Panchayat shall pass orders on Ext.P1 within three WPC.No.9215/08 5 weeks of petitioner producing a copy of this judgment. Once orders are passed, the same will be communicated to the petitioner. If orders are not passed as directed above and communicated to the petitioner within the stipulated time frame indicated above, the petitioner is permitted to operate her crusher unit on the strength of a deemed licence under Rule 12(3)(c) of the Dangerous and Offensive Trades and Factories Rules , subject to the decision to be taken by the Panchayat on Ext.P2. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.9215/08 6