IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 2416 of 2009(K) --------------------------------------- PETITIONER(S): ------------------------- M.PRABHASH, CHAKKALAYIL, S/O.MADHAVAN, KUNNACKAL P.O. VALAKOM, MUVATTUPUZHA. BY ADV. SMT.MINI.R.MENON RESPONDENT(S): ----------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. VALAKOM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALAKOM 3. JOY.M.M., MAPPILAKUNNEL HOUSE, KUNNAKAL P.O., VALAKOM. 4. VARKEY OUSEPH, S/O.VARKEY VARKEY, AGED 78 YEARS, VALAKATTU, KUNNAKAL P.O., VALAKOM 5. SKARIA, S/O.VARKEY OUSEPH, VALAKATTU HOUSE, KUNNAKAL P.O., VALAKOM. 6. SANTHOSH P.K., PADINY ARAKUDIYIL, KUNNAKAL P.O., VALAKOM R1 BY GOVERNMENT PLEADER SMT. K.R. DEEPA R2 BY ADV. MR. PEEYUS A.KOTTAM R4 TO R6 BY ADV. MR.PHILIP T.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2416/2009 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FOR THE LICENCE DTD. 5/01/2009. EXT.P2: COPY OF THE CONSENT LETTER DTD. 1/1/2009. EXT.P3: COPY OF THE DEALERS LICENCE DTD. 12/01/2009. EXT.P4: COPY OF THE JUDGMENT IN WRIT APPEAL 2283/07 DTD. 12/11/2007 OF THE HIGH COURT OF KERALA. EXT.P5: COPY OF THE INJUNCTION ORDER DTD. 14/01/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 2416 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd March, 2009. J U D G M E N T The petitioner is operating a metal crusher unit within the area of the 2nd respondent-Panchayat. The licence for the same expired on 31-12-2008. The petitioner submitted Ext. P1 application dated 5-1- 2009 for renewal of the licence. The petitioner submits the petitioner could not submit the application for renewal earlier because the consent from the Pollution Control Board was received only on 1-1- 2009. The petitioner's grievance is that without passing orders on the renewal application, the Panchayat is taking coercive proceedings against the functioning of the metal crusher unit. 2. I have heard counsel for the petitioner, counsel for the Panchayat as also counsel for respondents 4 to 6. 3. When a licensee files an application for renewal of the licence, the Panchayat has a duty to consider and pass appropriate orders thereon in accordance with law either way. It is not disputed that Ext. P1 application for renewal of licence has been submitted by the petitioner. That being so, the 2nd respondent shall dispose of Ext. P1 expeditiously. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent-Panchayat to consider and pass orders on Ext. P1 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the representative of respondents 3 to 6. Till orders are passed on Ext. P1, status quo as on today shall be maintained. S. Siri Jagan, Judge. Tds/