Kerala High Court
WP(C)/41476/2016 of SALIM Vs THE DISTRICT GEOLOGIST on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C). NO.41476 OF 2016 (H) ------------- PETITIONER(S): ------------- SALIM, S/O. K.S.MAKKAR, AGED 59 YEARS, KALAPPURACKAL HOUSE, KILLIMANGALAM VILLAGE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(C). NO.41476 OF 2016 (H)
-------------
PETITIONER(S):-------------
SALIM, S/O. K.S.MAKKAR, AGED 59 YEARS, KALAPPURACKAL HOUSE,KILLIMANGALAM VILLAGE, THALAPPILLY TALUK,THRISSUR DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S):--------------
1. THE DISTRICT GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT-680001.DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT-680001.
2. PANJAL GRAMA PANCHAYATH,PANJAL PO., THRISSUR DISTRICT-679531,REPRESENTED BY ITS SECRETARY.PANJAL PO., THRISSUR DISTRICT-679531,REPRESENTED BY ITS SECRETARY.
3. THE SECRETARY, PANJAL GRAMA PANCHAYATH, PANJAL PO., THRISSUR DISTRICT-679531.PANJAL PO., THRISSUR DISTRICT-679531.
4. THE DIRECTOR, MINING AND GEOLOGY,OFFICE OF THE MINING AND GEOLOGY,KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001.OFFICE OF THE MINING AND GEOLOGY,KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001.
5. THE STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.REPRESENTED BY SECRETARY TO GOVERNMENT,INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
6. THE KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE, PALAKKAD DISTRICT-678541,REPRESENTED BY ENVIRONMENTAL ENGINEER.DISTRICT OFFICE, PALAKKAD DISTRICT-678541,REPRESENTED BY ENVIRONMENTAL ENGINEER.
7. THE DISTRICT COLLECTOR, THRISSUR DISTRICT-680001.
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R6 BY ADV.SRI. T.NAVEEN SC,
R1, R4, R5 & R7 BY GOVERNMENT PLEADER SMT.VINUTHA HARIRAJ
THIS WRIT PETITION(CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).41476/2016 (H)
APPENDIX
PETITIONER(S)' EXHIBITS:
P1:COPY OF THE MINING PERMIT DATED 14.1.2013 ISSUED BY THE FIRSTRESPONDENTRESPONDENT
P2:COPY OF THE D & O LICENSE ISSUED BY THE SECOND RESPONDENT DATED04.05.2013 ISSUED BY THE SECOND RESPONDENT04.05.2013 ISSUED BY THE SECOND RESPONDENT
P3:COPY OF THE EXPLOSIVE LICENSE DATED 2.6.2014 ISSUED BY THEDEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAMDEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM
P4:COPY OF THE ORDER DATED 10.11.2014 ISSUED BY THE SEVENTHRESPONDENTRESPONDENT
P5:COPY OF THE ORDER DATED 27.5.2015 PASSED BY LAND REVENUECOMMISSIONER, THIRUVANANTHAPURAMCOMMISSIONER, THIRUVANANTHAPURAM
P6:COPY OF THE LETTER OF INTENT DATED 18.11.2015 ISSUED BY THEFIRST RESPONDENTFIRST RESPONDENT
P7:COPY OF THE INTEGRATED CONSENT TO OPERATE/RENEWAL DATED 7.1.2016ISSUED BY THE KERALA POLLUTION CONTRO BOARDISSUED BY THE KERALA POLLUTION CONTRO BOARDP8: COPY OF THE REPORT DATED 24.2.2016 SUBMITTED BY THE THIRDRESPONDENT BEFORE THE SEVENTH RESPONDENTRESPONDENT BEFORE THE SEVENTH RESPONDENT
RESPONDENT(S)' EXHIBITS:-NIL
KRJ
/TRUE COPY/
P.A. TO JUDGE
DEVAN RAMACHANDRAN, J
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.41476 of 2016
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2016
JUDGMENT
The petitioner has filed this writ petition praying that adirection be issued to respondents 2 and 3 to renew the licenceissued under the Dangerous and Offensive Trades and FactoriesRules ('the D & O Rules' for brevity) without insisting onenvironmental clearance certificate from the Kerala StateEnvironment Impact Assessment Authority. The contention of thepetitioner is that he has all requisite licences and clearances as aremandatory and imperative under the provisions of the KeralaPanchayat Raj Act and under the D & O Rules and that, therefore,respondents 2 and 3 are obligated in law to renew the licence thathas already been issued to him in the last year.
2. I see that this Court had already considered this issue in
Nagaroor Grama Panchayatv.Salim[2016 (3) KLT 82], in whichit was categorically declared that the applications for D & O licenceswill have to be processed without insisting on environmentalclearance and that whether a particular entrepreneur or a person,who has obtained D & O licence, will ultimately carry out the activity WP(C).41476/16
is his look out, because that may depend on different licences andpermits to be granted by different authorities.
3. In such view of the matter and being bound by the precedent aforementioned, I direct the third respondent to considerthe application made by the petitioner, if any, for renewal of licenceand pass orders thereon, in accordance with the applicable Rulesand Regulations and in terms of the aforementioned judgment.
The writ petition is ordered accordingly.
krj.31/12
Sd/-Devan Ramachandran, Judge
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