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2021 Supreme(Ker) 851

N.NAGARESH
T. P. Abdul Basheer, S/o. Ebrahimkutty – Appellant
Versus
Cherupuzha Grama Panchayat, Represented by Its Secretary – Respondent


Advocates Appeared:
For Petitioner: S. Sreekumar (Sr.), Sri. O.V. Maniprasad, Sri. P. Martin Jose.
For Respondents: Sri. K.N. Abhilash, Sri. Sunil Nair Palakkat, Sri. M. Sasindran, Sri. M.M. Ramesh Chander (Sr.), Smt. K.A. Sanjeetha, Sri. Balu Tom.

JUDGMENT :

petitioner is before this Court aggrieved by illegal rejection of his application for renewal of Trade Licence for functioning Quarry and Crusher Unit, by respondents 1 and 2.

2. petitioner is owner of 6.35 Acres of land in Re-Survey No.431 of Vayakkara Village of Payyannur Taluk. petitioner’s brother is holding 9.90 Acres of land in same Survey number, which is lying contiguously. petitioner wanted to conduct a quarry in said land. Geologist approved Mining Plan as per Ext.P1. By Ext.P2, Director of Mining and Geology issued Mining Lease. period of Quarrying lease is up to 23.01.2030. Geologist has issued Movement Permit. Additional District Magistrate issued Ext.P3 Explosives Licence. District Environment Impact Assessment Authority (DEIAA) issued Ext.P4 Environmental Clearance (EC). Pollution Control Board (PCB) issued Ext.P5 Integrated Consent.

3. petitioner has also started a stone Crusher Unit. Geologist has granted registration to unit. PCB has granted Ext.P6 Consent to Crusher Unit. 2nd respondent-Secretary to Panchayat has granted Ext.P7 Licence to Crusher Unit. 1st respondent-Panchayat has considered application filed under Section 233 of

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