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2018 Supreme(Ker) 406

A.K.JAYASANKARAN NAMBIAR
Ajantha – Appellant
Versus
Nagaroor Grama Panchayat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Bechu Kurian Thomas (Sr. Advocate) & Enoch David Simon Joel, Paul Jacob, Rony Jose, George A. Cherian & Leo Lukose
For the Respondent: K. Siju & Reny Anto

JUDGMENT :

The petitioner, who is carrying on quarrying operations had applied for a renewal of the Dangerous and Offensive (D.&O.) license that was granted to him by the respondent Panchayat. The said application was rejected by Ext.P6 order stating that the renewal application could not be considered on merits since the petitioner had not obtained a permission in terms of S.233 of the Kerala Panchayat Raj Act. In the Writ Petition, it is the specific case of the petitioner that in the quarrying unit, he uses only a portable drilling machine for the purposes of the quarrying activities and, inasmuch as the said machine is exempted in terms of S.233B(d) of the Act, the requirement of taking a permit in terms of S.233 does not arise in his case. The prayer in the Writ Petition therefore is for quashing Ext.P6 order and directing the respondents to consider and pass orders on the application for renewal of D.& O. license, afresh, taking note of the statutory provision governing issuance of a permit under S.233.

2. A statement has been filed on behalf of the respondent Panchayat, wherein reference is made to a decision of this Court in Mathai John v. District Collector (2015 (3) KLT 195












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