IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 21416 OF 2023 PETITIONER:

M/S. ADANI VIZHINJAM PORT PVT. LTD., HAVING ITS REGISTERED OFFICE AT ADANI CORPORATE HOUSE, SHANTIGRAM, NR. VAISHNO DEVI CIRCLE, S.G HIGHWAY, KHODIYAR, AHMEDABAD, GUJARAT - 382 421.

AND HAVING ITS BRANCH OFFICE AT CITY OFFICE, 3RD FLOOR, ASPINWALL HOUSE, KURAVANKONAM, THIRUVANANTHAPURAM - 695003 REPRESENTED BY ITS MD & CEO SRI. RAJESH KUMAR JHA.

BY ADVS.

ROSHEN.D.ALEXANDER TINA ALEX THOMAS HARIMOHAN RESPONDENTS:

1 NAGAROOR GRAMA PANCHAYAT, OFFICE OF THE NAGAROOR GRAMA PANCHAYAT, NAGAROOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY., PIN - 695601

2 THE SECRETARY, NAGAROOR GRAMA PANCHAYAT, OFFICE OF THE NAGAROOR GRAMA PANCHAYAT, NAGAROOR P.O., THIRUVANANTHAPURAM., PIN - 695601

3 THE PRESIDENT, NAGAROOR GRAMA PANCHAYAT, OFFICE OF THE NAGAROOR GRAMA PANCHAYAT, NAGAROOR P.O., THIRUVANANTHAPURAM., PIN - 695601 BY SRI.SIJU KAMALASANAN, SC, NAGAROOR GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CR

J U D G M E N T

Dated this the 5th day of July, 2023 The petitioner-Company, is aggrieved by Ext.P20 resolution taken by the 1^st respondent-Panchayat. By Ext.P20, the 1^st respondent subjected Ext.P21 D&O/Trade Licence issued to the petitioner to four conditions. The respondents have no power under the Kerala Panchayat Raj Act, 1994 to make such conditions. The conditions inserted in Ext.P20 are illegal, arbitrary, and without jurisdiction, contends the petitioner. Ext.P20 is ultra vires the powers of the respondents under the Kerala Panchayat Raj Act, 1994.

2. The petitioner is the Concessionaire for Design, Build, Finance, Operate and Transfer (DBFOT) of Vizhinjam Seaport Project which is a major infrastructure project by Government of Kerala which is developed in Public Private Partnership (PPP) mode. By Ext.P1, taking into consideration the requirement of time bound completion of the Vizhinjam International Seaport and the shortage of rock boulders faced by the petitioner, Government decided that the petitioner shall be given priority in quarrying activities in Government land and the respective District Collectors shall give NOC to those applications for NOCs with respect to Vizhinjam Port.

3. The petitioner was issued with Ext.P2 NOC by the District Collector, Thiruvananthapuram for quarrying a Government land. The petitioner also obtained Ext.P3 Letter of Intent, Ext.P5 approved Mining Plan, Ext.P7 Environmental Clearance, Ext.P8 Consent to Operate and Ext.P9 Explosives Licence. However, when the petitioner submitted Ext.P10 application for D&O/Trade licence from the 1^st respondent-Panchayat, the petitioner was informed that by Ext.P20 resolution, the Committee has decided to grant licence to the petitioner for quarrying subject to the following conditions:

1. To form a committee under the leadership of the District Collector and to verify the issues such as (i) environmental impact; (ii) possibility of disaster; (iii) whether the rocks are removed within the permissible quantity etc.;

2. Petitioner to spend the CSR fund within the limits of the Panchayat;

3. Petitioner has to withdraw the Police Protection Order against the President of the Panchayat and to give compensation to those who are affected by the disaster and that;

4. If the said conditions are not complied within a period of three months, the licence will be reviewed.

Pursuantly, the respondents have issued Ext.P21 D&O/Trade licence to the petitioner under Section 232 of the Kerala Panchayat Raj Act. Later, Ext.P22 Quarrying Lease was issued by the Director of Mining and Geology on the basis of the ancillary licences. The conditions incorporated in Ext.P20 are illegal and in violation of the provisions of the statute, urged the petitioner.

4. Standing Counsel entered appearance on behalf of the Panchayat and res