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P.Veerankutty Perookkad

High Court Of Kerala|29 October, 2014
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JUDGMENT / ORDER

The petitioner was conducting a quarry on the strength of Ext.P8 license that was issued by the second respondent Panchayat. The permit has expired on 31.3.2014. The petitioner has submitted an application for the renewal of his license. It is stated that Ext.P8(a) is the receipt issued for remitting the license fee in advance. Though the same was remitted on 26.2.2014, the petitioner complains that, no orders have been passed on his application for renewal of license, till date. 2. According to Sri.Babu Joseph Kuruvathazha, who appears for the petitioner submits that, the petitioner is possessed of all the other necessary licenses and permissions. Ext.P2 is the possession certificate. Ext.P4 is the quarrying permit issued to him by the first respondent. He has also been issued with a license under the Explosives Rules, Ext.P4(a). The Kerala State Pollution Control Board has issued to him, Ext.P5 consent to W.P.(C).No.25173 of 2014 2 operate. It is therefore contended that, there can be absolutely no objection to the renewal of his license. By efflux of time, the petitioner has become entitled to the benefit of a deemed license under the provisions of the Kerala Panchayat Raj Act, 1994. However, he requires the issue of a formal license for the purpose of conducting his quarry. The petitioner therefore seeks the issue of appropriate directions for the consideration of his renewal application.
3. Though notice was served on the second respondent by special messenger, there is no appearance. Since the matter is represented to be urgent, I have heard the counsel for the petitioner.
4. Since the application for renewal of license submitted by the petitioner is still pending before the second respondent, it is only appropriate that the same is considered and disposed of without further delay. In the above circumstances, I am satisfied that a direction as sought for is necessary to be issued in this case.
This writ petition is, therefore, disposed of directing the W.P.(C).No.25173 of 2014 3 second respondent to consider the application for renewal of license submitted by the petitioner, acknowledged receipt of by Ext.P8(a), in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
rkc.
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Title

P.Veerankutty Perookkad

Court

High Court Of Kerala

JudgmentDate
29 October, 2014
Judges
  • K Surendra Mohan
Advocates
  • Sri Babu Joseph
  • Kuruvathazha Sri
  • N Shamsul Huda