C.K.ABDUL REHIM
Basil Industries India Pvt. Ltd. represented by its Managing Director – Appellant
Versus
State of Kerala represented by Secretary Local Administration Department – Respondent
1. The petitioner is challenging Ext.P17 letter issued by the Secretary of the 2nd respondent Panchayat, intimating about the decision refusing permission for establishment of Granite quarry, for which the petitioner had submitted application on 20.01.2014. Inter alia, the petitioner seeks declaration that he is entitled for a 'deemed permit' under Rule 12(3)(c) of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (hereinafter referred as the Rules).
2. Contention of the petitioner is that, for the establishment of the quarry in question, he had obtained all requisite clearances/No-Objection Certificates from various authorities. Hence the decision of the 2nd respondent Panchayat in refusing permission for the reason that the functioning of the quarry will affect life and property of persons residing in the locality and will affect ecological and environmental situation, is absolutely illegal and erroneous. It is noticed that, against the decision taken by the 2nd respondent Panchayat, the petitioner has got an effective remedy of appeal before the Tribunal for Local Self Government institutions. Hence this writ petitio
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