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2022 Supreme(Ker) 249

T.R.RAVI
Jose C. , S/o. Chackochan K. J. – Appellant
Versus
Manakkad Grama Panchayath, Represented By Its Secretary – Respondent


Advocates Appeared:
For the Petitioners: Sri K. Jaju Babu (Sr.), Smt. M.U. Vijayalakshmi, Sri Brijesh Mohan, Sri T.R. Sadeesan, Sri T. Venugopal, Sri R. Rajpradeep, Sri Neetu Vinod, Smt. T.S. Athira.
For the Respondents: Sri K.C. Vincent, Sri Jobi Jose Kondody, Government Pleader Sri B.S. Syamanthak, Philip J. Vettickattu.

JUDGMENT :

1. The prayers in the above two writ petitions are as follows:

W.P.(C) No.20081/2021

2. The petitioners are owners of land in which the 3rd respondent is conducting mining operations on the basis of licence issued by respondents 1 and 2. An agreement had been entered into on 01.11.2014 between the petitioners and the 3rd respondent regarding the quarrying operation, a copy of which has been produced as Ext.P1. Ext.P1 was followed by Ext.P2 agreement dated 24.1.2020. The prayer in the writ petition is for a direction to respondents 1 and 2 to consider Ext.P5 complaint filed by the 2nd petitioner on 16.7.2021 and a mass petition submitted by 17 local residents including petitioners 2 and 3, and, not to issue any licence to the 3rd respondent under the Kerala Panchayat (Licensing of Dangerous and Offensive Trades and Factories) Rules (the Rules for short).

W.P.(C) No.20807/2021

3. The writ petition is filed by the 3rd respondent in W.P. (C) No.20081/2021 against the Panchayat and its Secretary, praying to quash Exts.P11 and P15 issued by the 2nd respondent, and, to direct the 2nd respondent to renew Ext.P8 trade licence for the year 2021-22, for which Ext.P10 application had bee

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