Point of Law : Panchayat institutions can exercise only those powers conferred on and vested with them by legislature.

JUDGMENT :

The petitioner, who is a grantee of Letter of Intent for establishing a Quarrying Unit in Maloth Village, Vellarikkundu Taluk in Kasaragod District, has filed this writ petition aggrieved by Ext.P12 decision and seeking to direct the 1st respondent-Grama Panchayat to issue permission to the petitioner for conducting quarrying operations forthwith.

2. The petitioner holds 2.3310 hectares of land comprised in Survey No.193 of Maloth Village, Vellarikkundu Taluk in Kasaragod District. The Director of Mining and Geology issued Ext.P1 Letter of Intent dated 19.09.2017 to the petitioner for Quarrying Lease under the Kerala Minor Mineral Concession Rules, 2015. The petitioner submitted application to the competent authority and the Geologist approved Ext.P2 Mining Plan for Granite building stone Quarry, to the petitioner.

3. The petitioner applied for Environmental Clearance. The District Environmental Impact Assessment Authority, Kasaragod granted Environmental Clearance to the petitioner on 25.04.2018. The petitioner would submit that the validity of the said Environmental Clearance is still current in view of the notifications issued by the Ministry of Environment, Forest and Climate Change. The Pollution Control Board also issued to the petitioner Ext.P6 Consent to Operate. The Joint Chief Controller of Explosives granted the petitioner Ext.P7 Explosives Licence.

4. To start the quarrying operations, the petitioner further required permission/licence of the Panchayat authorities under Sections 232 and 233 of the Kerala Panchayat Raj Act, 1994. The petitioner therefore submitted Ext.P9 application on 17.02.2023. The petitioner remitted the required licence fee. But, the Secretary to the Panchayat returned the licence fee and intimated that the fees may be remitted upon getting further instructions from the Panchayat.

5. To the surprise and predicament of the petitioner, the application submitted by the petitioner for permission to establish Quarry was dismissed by the 1st respondent-Panchayat as per its decision dated 24.03.2023. The decision to not grant permission to the petitioner was on the basis of a decision of the Panchayat that a new Quarry need not be permitted in the Panchayat area.

6. The petitioner submits that he was not granted an opportunity of being heard before the Panchayat taking the decision adverse to the petitioner. The petitioner would further submit that in view of the amendment effected to Section 233 of the Panchayat Raj Act, 1994, the Panchayat does not have jurisdiction, authority, power or right/discretion to refuse/reject an application for permission. The reason for which the application of the petitioner has been rejected is unsustainable in law, contended the petitioner.

7. Respondents 1 and 2 resisted the writ petition filing counter affidavit. Various objections and complaints were received by the Panchayat authorities from the general public stating that the petitioner has not obtained NOC from the Environmental Impact Assessment Authority. One Rijosh M.J., representing Chamathatta Samrakshana Samithi, submitted a complaint against the proposed Quarry. The complainants were heard. A clarification was sought for from the District Collector as to whether the NOC from the Environmental Impact Assessment Authority and Explosives Licence are still in force.

8. The District Collector has not so far given any reply to the letter sent by the Panchayat. The writ petition is bad for non-joinder of necessary parties, urged the respondents. The Panchayat Committee decided on 24.03.2023 to reject the application of the petitioner. The writ petition is therefore devoid of any merit and it is only to be dismissed, contended the respondents.

9. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

10. The petitioner proposed to start a quarrying unit in 2.3310 hectares of land in Maloth Village. The petitioner was issued with Ext.P1 Letter of Intent by the Di