IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34597 of 2008(R) -------------------------------------- PETITIONER(S): ------------------------ K.I.PAULSON, AGED 42 YEARS, S/O.INASU, KAPPANI HOUSE, CHENGALOOR P.O. PUTHUKKAD, MUKUNDAPURAM TALUK, THRISSUR DIST. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY LOCAL ADMINISTRATION, SECRETARIAT, TRIVANDRUM. 2. VILLAGE OFFICER, CHENGALLOOR, THRISSUR DIST. 3. SECRETARY, PUTHUKKAD GRAMA PANCHAYATH, PUTHUKKAD P.O., TRICHUR. 4. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH ADV. SRI.M.K.CHANDRA MOHAN DAS SC, PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.34597 of 2008 ===================== Dated this the 24th day of November, 2008. JUDGMENT Heard Sri.Dinesh Mathew J. Murikan, the learned counsel appearing for the petitioner. In the nature of the order that I propose to pass, it is not necessary to issue notice to and hear the respondents. 2. The petitioner is running a quarry. In the light of the decision of the Division Bench of this Court in Gem Granites v. Dy. Supdt. of Police - 2008 (1) K.L.T. 937, he has applied for a licence under the Kerala Panchayat Raj (Dangerous and Offensive Trades & Factories) Rules, 1996. Ext.P4 is the application submitted by him in that regard. In this Original Petition, the petitioner inter alia prays for a writ in the nature of mandamus commanding the third respondent, the Secretary, Puthukkad Grama Panchayat to consider Ext.P4 application and take a decision thereon in accordance with law. 3. In view of the decision of the Division Bench of this Court in Gem Granites v. Dy. Supdt. of Police (supra), quarrying operations cannot be conducted without a licence issued by the local authority under the provisions of the Kerala Panchayat Raj (Dangerous and Offensive Trades & Factories) Rules, 1996. The petitioner has in Ext.P4 application moved the concerned local authority for the grant of a licence WP(C) 34597/08 -: 2 :- under the said Rules. The question whether the petitioner is entitled to the grant of a licence as prayed for by him is essentially a matter for the local authority to decide, at least in the first instance. 4. In these circumstances, I dispose of the Writ Petition with a direction to the Secretary, Puthukkad Grama Panchayat to consider Ext.P4 application in accordance with law and take a decision thereon, if necessary by placing it before the Committee of the Panchayat. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment. P.N.Ravindran, Judge. ess 27/11