Petitioner is the holder of LE.3 licence. Petitioner submitted an application for renewal. Petitioner received a favourable report from the authorities recommending renewal. Panchayath authorities submitted an objection before the 1st respondent. It seems that there were mass complaints against quarry operation by the petitioner. The complaint, it seems is on account of the fact that the petitioner’s quarry pose threat to the nearby residents. Petitioner’s case is that there are no residential houses near vicinity and all houses are located outside the prohibited distance. Petitioner approached this Court on account of non consideration of the application for renewal of the LE.3 licence.
2. Ext.P5 is the judgment of this Court directing Additional District Magistrate, Kottayam to consider and pass appropriate orders on the renewal application. Thereafter Ext.P6 order was passed by the Additional District Magistrate where it is stated that there is some merit in the allegations raised against the quarry and in the circumstance application filed by the petitioner is rejected and LE.3 licence in favour of the petitioner is cancelled.
W.P(C).No.33771 of 2014V 2
3. The question is whether the place where magazines are kept is within the prohibited distance. Though one of the complainant Sri.P.M. Mathew has stated that there are two houses in 100 meter circumference of the quarry, petitioner’s affirmation is that all residential houses are outside prohibited area. I am of the view this has to be identified by the Additional District Magistrate while considering the application. Petitioner’s stand that all residential houses are outside the prohibited area has not been considered by the Additional District Magistrate while passing the order. Therefore Ext.P6 order is set aside. There shall be a direction to the first respondent to consider the matter after adverting to the petitioner’s claim that all residential houses are outside the prohibited area. Therefore, after reckoning distance of the residential houses, fresh orders shall be passed within a period of four weeks from the date of receipt of a copy of this judgment. Needless to state, an opportunity of hearing to the petitioner, 5th respondent and all affected parties should be given before taking final decision.
The writ petition is disposed of.
Sbna/29/12/14 Sd/-
A.MUHAMED MUSTAQUE, JUDGE.