IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 17873 of 2011(H) -------------------------- PETITIONER: --------------- T.L.GEORGE, PROPRIETOR, M/S. WELCOME GRANITES VADAVUCODE PO, ERNAKULAM DISTRICT. BY ADV. MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE MR.S.SUJIN MS.NITA.N.S. RESPONDENTS: --------------- 1. JACOB MATHEW , MAKUCHIRA HOUSE, VADAVUCODE PO, ERNAKULAM DISTRICT. 2. MANJALLOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY P.O.VAZHAKULAM,PIN 6386 670. 3. THE MANJALLOR GRAMA PANCHAYATH P.O.VAZHAKULAM PIN 686 670 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM 695 001. ADV. MR.MANUEL THOMAS FOR R2 MR.GEORGEKUTTY MATHEW FOR R1 MR.MANUEL THOMAS FOR R3 GOVERNMENT PLEADER MR.K.RAMESH FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, ALONG WITH W.P.(C).NO.18435/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17873 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PROCEEDINGS DTD. 7.5.2010 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI. EXT.P2: LICENCE DTD. 19.4.2010 ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES. EXT.P3: NOC DTD. 23.2.2010 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. EXT.P4: LICENCE DTD. 26.2.2009 ISSUED BY THE MANJALLOOR GRAMA PANCHAYATH. EXT.P5: PERMIT DTD. 21.6.2010 ISSUED BY THE MINING & GEOLOGY DEPARTMENT, KAKKANAD. EXT.P6: JUDGMENT DTD. 29.6.2010 IN W.A.NO.1104/2010 OF THIS COURT. EXT.P7: LICENCE DTD. 3.7.2010 ISSUED BY THE MANJALLOOR GRAMA PANCHAYATH TO THE PETITIONER. EXT.P8: LICENCE DTD. 2.4.2011 ISSUED BY THE MANJALLOOR GRAMA PANCHAYATH. EXT.P9: APPEAL NO.321/2011 DTD. 9.5.2011 PREFERRED BY R1 BEFORE R4. EXT.P10: INTERIM ORDER DTD. 9.5.2011 PASSED BY R4 IN APPEAL NO.321/2011. EXT.P11: ORDER DTD. 27.6.2011 PASSED R4 IN APPEAL NO.321/2011. RESPONDENTS' EXHIBITS: EXT.R1(a): POSSESSION CERTIFICATE DTD. 14.6.2011 ISSUED BY THE VILLAGE OFFICER, MANJALLOOR VILLAGE. .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).Nos.17873 & 18435 Of 2011 ---------------------- Dated this the 29th day of September, 2011. J U D G M E N T The petitioner in W.P.(C).No.17873/2011 obtained a licence from the Panchayath to run a quarry. The writ petition is filed seeking to quash Ext.P11 order. Ext.P4 is the copy of the licence issued by the Panchayath to run the quarry. Ext.P4 was challenged by the 1st respondent before the Tribunal for Local Self Government Institutions. Exts.P10 & P11 are the interim order and final order respectively, passed by the Tribunal. 2. The connected writ petition, namely, W.P.(C). No.18435/2011 is filed by the 1st respondent in W.P(C). No.17873/2011 challenging the very same order passed by the Tribunal. The petitioner in W.P.(C).No.18435/2011 is the appellant before the Tribunal. The Tribunal set aside Ext.P4 order and directed the petitioner in W.P.(C).No.17873/2011 (3rd respondent before the Tribunal) not to continue quarrying operations unless a proper permission is obtained under Section 233 of the Kerala Panchayath Raj Act and thereafter a proper licence under the D & O Trade Rules is obtained. The Tribunal ::2:: W.P.(C).Nos.17873 & 18435 Of 2011 further directed the 3rd respondent in the appeal who is the petitioner herein to file an application for permission under Section 233 of the Kerala Panchayath Raj act and the Panchayath is given an option to consider the said application along with the documents of the statutory authorities and to grant permit if the application is in order. It is further directed that if the permit is obtained by the 3rd respondent he can apply for issue of a licence under the D & O Trade Rules in which event the Secretary shall verify whether the establishment set up by the 3rd respondent is in confirmity with the conditions of the statutory authorities and take a decision either to issue licence or to reject the same. 3. When the writ petitions are taken up for consideration today, the learned Senior Counsel for the petitioner in W.P.(C). No.17873/2011 submits that the petitioner is willing to abide by the directions issued by the Tribunal and therefore, no further relief is necessary in the writ petition. The petitioner in W.P.(C). No.18435/2011 submits that while passing the order he may also be given an opportunity of being heard. 4. In the light of the final order passed by the Tribunal which is marked as Ext.P11 and the submission made by the ::3:: W.P.(C).Nos.17873 & 18435 Of 2011 learned senior counsel, this Court is of the view that the issue does not survive for consideration. As directed by the Tribunal the question of grant of licence under Section 233 of the Kerala Panchayath Raj act and grant of licence under D & O Trade Rules is pending consideration before the Secretary of the Panchayath. The Secretary, before passing any order, shall afford an opportunity of being heard to the applicant and opponent, who is the petitioner in W.P.(C).No.18435/2011. The learned counsel for the petitioner in W.P.(C).No.18435/2011 pointed out that the competent authority to consider the application for permit under Section 233 of the Panchayath Raj Act is the Panchayath Committee and not the Secretary. Taking into consideration the submission made by the learned counsel for the petitioner in W.P. (C).No.18435/2011, a modification is necessary to the extent of directing the Panchayath Committee to consider the application for permit under Section 233 of the Kerala Panchayath Raj Act. The writ petitions are disposed of as above. HARUN-UL-RASHID, Judge. bkn/-