IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 33061 of 2010(G) -------------------------- PETITIONER(S): --------------- V.K.RAJAN, S/O. KRISHNANKUTTY, VAZHAYIL VEEDU, CHOWARA P.O., ALUVA, ERNAKULAM DISTRICT, PIN-683 571. BY ADV. SRI.K.A.JALEEL SRI.C.Y.VINOD KUMAR RESPONDENT(S): --------------- 1. SREEMOOLANAGARAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 580. 2. HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 035. * DELETED( R2 DELETED VIDE ORDER DATED 29.11.10 IN I.A. 16391/10.) # ADDITIONAL R3 IMPLEADED # 3. S. SEETHARAMAN, RAMA PRIYA, HIGH ROAD, ALUVA. P.O., ERNAKULAM DISTRICT, PIN – 683 101 (IS IMPLEADED AS ADDITIONAL R3, AS PER ORDER DATED 29/11/2010 IN I.A. 16390/10) BY ADV. SRI.BABU KARUKAPADATH, SC FOR R1 SMT.M.A.VAHEEDA BABU FOR R1 SRI.JAGAN GEORGE FOR R1 SMT.K.NOORJAHAN FOR R1 SRI.P.G.PRAMOD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SM WPC NO.33061 OF 2010 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE CERTIFICATE DATED 08.10.2009 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT P2: COPY OF THE DEALERS LICENCE DATED 17.06.2005 ISSUED BY THE GEOLOGIST TO THE PETITIONER. P3: COPY OF THE APPLICATION DATED 29.09.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P4: COPY OF THE LETTER DATED 5.10.2009 ISSUED BY THE 1ST RESPONDNET REJECTING THE REQUEST OF THE PETITIONER FOR LICENCE. P5: COPY OF THE ORDER DATED 09.03.2006 IN O.P. NO. 853/2005 OF THE 2ND RESPONDENT P6: COPY OF THE JUDGEMENT DATED 6.1.2010 IN W.P.(C) NO.35430/2009 OF THIS HON'BLE COURT. P7: COPY OF THE I.A. NO.29/2010 IN O.P. NO.853/2005 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P8: COPY OF THE ORDER DATED 19.5.2010 IN O.P.NO.853/2005 ON THE FILE OF THE 2ND RESPONDENT. RESPONDENTS EXHIBITS: NIL TRUE COPY SM PA. TO JUDGE C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 33061 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2011 J U D G M E N T The petitioner has submitted Ext.P3 application for licence, before the first respondent for manufacturing bricks. The same was considered and rejected as per Ext.P4 in the light of Ext.P5. Ext.P5 is the order dated 9.3.2006 in OP No.853/2005 passed by the Ombudsman for Local Self Government Institutions. In fact, it is an order of general nature whereby taking into account the fact that certain brick- kiln owners within the area of jurisdiction of the first respondent had indiscreetly excavated brick clay disregarding the ecological problems. Serious notice of the said issue had resulted in such an order. A perusal of Ext.P4 order would reveal that there was no proper application of mind with respect to the eligibility and entitlement of the petitioner to the licence sought for in this case. I am of the considered view that the first respondent is the authority competent to issue licence and therefore, when that authority is called upon to exercise the power it is the bounden duty of the first WPC.33061/2010 : 2 : respondent to consider the entitlement independently subject to the satisfaction of all the requisite conditions. Deciding application for licences merely relying on Ext.P5 and without deciding the eligibility of the petitioner for licence cannot be considered as a proper exercise of power. In the said circumstances, I am of the view that Ext.P4 requires re- consideration. To enable the first respondent to consider it afresh Ext.P4 is set aside. Accordingly, there will be a direction to the first respondent to consider Ext.P3 application, submitted by the petitioner, in accordance with law. This shall be done expeditiously, at any rate within a period of three weeks from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge WPC.33061/2010 : 3 :