The court highlights the obligation of authorities to consider renewal applications and adhere to procedural requirements before halting plant operations.

JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of certiorari or any other writ or order to quash Ext.P12, in so far as it restrain functioning of the Drum Mix Plant of the petitioner;

ii. issue a writ of certiorari or any other writ or order to quash Ext.P10 and Ext.P11;

iii. command the respondent panchayat to permit the petitioner to continue functioning of the Drum Mix Plant;

iv. issue a writ of mandamus or any other writ, order or direction to the 3rd respondent to issue deemed license to the petitioner for operation of the Drum Mix Plant;

v. exempt the petitioner from producing the English Translation of Malayalam Exhibits produced along with this writ petition and the petitioner further undertakes that they are ready and willing to produce English Translation of Malayalam documents as and when required;

vi. award cost to the petitioner;

vii. issue any other writ, order or direction as this Hon’ble court may deem fit in the facts and circumstances of the case;

(SIC)

2. Petitioner runs a Drum Mix Plant in the 2^nd respondent Panchayat since the year 2013, as evident from Ext.P1 and Ext.P1(a) is the submission. According to the petitioner, they have all requisite licenses from the authorities concerned and Ext.P4 issued by the 4^th respondent is valid till 31.12.2028. On the event of expiry of Ext.P2 license by the Panchayat for the year 2023 - 2024, the petitioner made an application for renewal of license as evident from Ext.P5. Unfortunately the same was not considered or rejected is the submission. So the petitioner was running the Drum Mix Plant based on the deemed license envisaged in the Statute is the submission. On expiry of license for the year 2024 - 2025, the petitioner made attempts to submit application for renewal of license, as evident from Ext.P9 as admitted by the 3^rd respondent vide Ext.P11 is the submission As the manual application was not permissible, the petitioner had to make application in the K-smart Portal. Unfortunately as the license for the year 2024 - 2025 was not considered or granted by the Panchayat, there is no option in the portal for submitting application for renewal for the year 2025 - 2026. Hence another manual application was made by the petitioner is the submission. It is also submitted that, earlier Ext.P6 communication was issued by the 3^rd respondent. Thereafter Ext.P7 was issued by the 4^th respondent stating that no pollution is being caused by the petitioner's unit and the unit is functioning in strictly accordance with law is the submission. Without considering this, based on an alleged public protest, Ext.P10 stop memo has been issued without affording an opportunity of being heard to the petitioner is the submission. When application for renewal in the manual mode was submitted by the petitioner, Ext.P11 has been issued stating that only the application in the K-smart Portal can be considered. Subsequently Ext.P12 has been issued by the 3^rd respondent admitting that the petitioner's unit is not causing any pollution and due to the public protest the Panchayat has decided to consider the application made by the petitioner for the next, unscheduled meeting of the committee and till such time operation of the plant shall be stopped. Aggrieved by the same, this Writ Petition is filed.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Panchayat. I also heard the learned Standing Counsel for the Pollution Control Board.

4. When this writ petition came up for consideration on

22.04.2025, this Court passed the following order:

“Admit.

Govt. Pleader takes notice for R1. Standing Counsel takes notice for R4. Issue notice by speed post to R2 and R3. Exts.P10 and P12 stand stayed for a period of one month.”

5. That order is extended regularly by this Court. This Court