IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 29452 of 2009(B) --------------------------------------- PETITIONER: ------------------- KURIAKOSE SABU, S/O.UTHUPPAN KURIAKOSE, AGED 45 YEARS, MANAGING PARTNER, KAVUMKAL GRANITES, CHEMPANOLI, VECHUCHIRA P.O., PATHANAMTHITTA DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON. RESPONDENTS: ------------------------ 1. THE SECRETARY, NARANAMOOZHI GRAMA PANCHAYAT, RANNI, PATHANAMTHITTA DISTRICT. 2. THE NARANAMOOZHI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, NARANAMOOZHI GRAMA PANCHAYATH OFFICE, RANNI, PATHANAMTHITTA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29452/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS ISSUED BY THE SECRETARY OF NARANAMOOZHI GRAMA PANCHAYATH DTD. 01/12/04. EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ATHIKAYAM DTD. 24/01/2004. EXT.P.3: COPY OF THE PROCEEDINGS OF THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA DTD. 08/09/04. EXT.P.4: COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD IN FAVOUR OF THE PETITIONER DTD. 14/09/04. EXT.P.5: COPY OF THE CONSENT TO OPERATE THE STONE CRUSHER UNIT ISSUED BY THE STATE POLLUTION CONTROL BOARD DTD. 28/01/06. EXT.P.6: COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD WITH RESPECT TO THE PETITIONER'S CRUSHER UNIT DTD. 01/01/07. EXT.P.7: COPY OF THE RECEIPT ISSUED BY THE POLLUTION CONTROL BOARD DTD. 29/10/08. EXT.P.8: COPY OF THE REGISTRATION AS REGISTERED METAL CRUSHER UNIT ISSUED BY THE MINING AND GEOLOGY DEPARTMENT DTD. 25/09/09. EXT.P.9: COPY OF THE PERMISSION ISSUED BY THE DEPUTY CHIEF CONTROLLER FOR EXPLOSIVES WITH RESPECT TO THE PETITIONER'S UNIT DTD. 20/03/2009. EXT.P.10: COPY OF THE PERMISSION BY THE INSPECTOR OF FACTORIES AND BOILER WITH RESPECT TO THE PETITIONER'S UNIT DTD. 15/01/2005. EXT.P.11: COPY OF THE PROCEEDINGS OF THE ELECTRICAL INSPECTOR, PATHANAMTHITTA DTD. 25/05/06. EXT.P.12: COPY OF THE INSURANCE CERTIFICATE ISSUED BY THE ORIENTAL INSURANCE COMPANY LIMITED DTD. 16/01/2009. EXT.P.13: COPY OF THE LETTER ISSUED BY THE REGIONAL COMMISSIONER OF EMPLOYEES PROVIDENT FUND ORGANISATION DTD. 13/07/2009. EXT.P.14: COPY OF THE INTERIM ORDER IN I.A. 21/06 IN APPEAL NO. 180/06 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DTD. 12/04/06. W.P.(C). NO.29452/2009-B: EXT.P1.5: COPY OF THE ORDER OF THE TRIBUNAL OF LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO. 180/2006 DTD. 21/07/2006. EXT.P.16: COPY OF THE LETTER RECEIVED BY THE PETITIONER FROM THE SECRETARY OF NARANAMOOZHI GRAMA PANCHAYAT DTD. 01/04/2009. EXT.P.17: COPY OF THE DECISION OF THE GRAMA PANCHAYATH DTD. 16/03/2009 RECEIVED BY THE PETITIONER. EXT.P.18: COPY OF THE RE-SUBMITTED APPLICATION FOR LICENSE BY THE PETITIONER DTD. 03/08/2009. EXT.P.19: COPY OF THE APPLICATION AND LIST OF RELEVANT DOCUMENTS PRODUCED BY THE PETITIONER ALONG WITH EXHIBIT P.18 DTD. 03/08/2009. EXT.P.20: COPY OF THE RECEIPT OF EXHIBIT P.19 ISSUED BY THE RESPONDENT PANCHAYATH DTD. 05/08/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29452 OF 2009 ------------------------------------------- Dated this the 2nd day of November, 2009 JUDGMENT The petitioner established a metal crusher unit. According to him, the Tribunal for Local Self government Institutions issued Ext.P15 order, interfering with the rejection of licence and therefore, the grama panchayat is duty bound to act on Ext.P18 application for licence. This is essentially a statutory matter. The respondents cannot keep away from taking a decision on Ext.P18. Under such circumstances, the first respondent is directed to take up Ext.P18 application and issue an order in accordance with law, taking into consideration all materials produced by way of the directions contained in the order of the Tribunal for LSGIs. The writ petition is ordered accordingly. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.3/11.