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2019 Supreme(Ker) 23

SHAJI P.CHALY
Malabar Granites – Appellant
Versus
Secretary, Koppam Grama Panchayat – Respondent


Advocates Appeared:
For the Petitioner: Sri. Philip J.Vettickattu, Sri. Vineeth Kuriakose, Advs.
For the Respondent: Sri. S.P. Aravindakshan Pillay, Smt. K.N. Remya, Smt. L. Annapoorna, Smt. N. Santha, Sri. K.A. Balan, Sri. Peter Jose Christo, Sri. S.A. Anand, Sri. V. Varghese, Sri. Rajan Vishnuraj, Sri. V. Harish, Advs.

JUDGMENT :

This writ petition is filed by the petitioner seeking to quash Ext.P9 communication issued by the 1st respondent, i.e., the Secretary of the Koppam Grama Panchayat dated 13.04.2018, declining to renew the licence to the Crusher Unit of the petitioner for want of No Objection Certificates from Fire & Rescue Department and the District Medical Officer. Brief material facts for the disposal of the writ petition are as follows:

2. Petitioner is conducting a Crusher Unit in Ward No.9 of the Koppam Grama Panchayat. The Crusher Unit was originally established in the year 1995, in pursuance of the permission granted by the Koppam Grama Panchayat as per Ext.P11 proceedings dated 18.12.1995. According to the petitioner, 1st respondent was granting/renewing licence from time to time till 31.03.2018. The unit is having all the statutory licences or consent, i.e., consent to operate by the Pollution Control Board, licence issued by the Factories and Boilers etc.

3. Ext.P6 application was submitted by the petitioner for renewal of the licence for the period 2018-19. It is the case of the petitioner that, Rule 10 of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Tra
















































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