Writ petition for trade license based on deemed entitlements affirming procedural compliance under state regulations.

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) To declare that petitioner is entitled for deemed trade license by virtue of Section 236 (3) of Kerala Panchayath Raj Act, 1994 to conduct quarry for which Exhibit P1 Letter of Intent is issued.

(ii) Issue a writ of mandamus or any other writ, order or direction to the respondents 1 and 2 issue trade license in physical form to the petitioner.

(iii) To call for the records leading to Exhibit.P16 notice and quash the same by a writ of certiorari or any other writ or order;

(iv) Dispense with the filing of the translation of vernacular documents produced along with the above Writ Petition;

(v) Issue such other writ, order or direction that may be necessary in interest of justice.” (SIC)

2. The main prayer in this writ petition is to declare that the petitioner is entitled for deemed trade license by virtue of Section 236 (3) of the Kerala Panchayat Raj Act , 1994 to conduct quarry for which Ext.P1 letter of intent is issued and to issue a trade license in physical form.

3. Admittedly, the petitioner submitted an application for trade license on 01.09.2025 as evident by Ext.P14. Ext.P15 is a reply sent by the Secretary to the Grama Panchayat in which it is stated that certain clarification is necessary from the Pollution Control Board. Thereafter, Ext.P16 show cause notice was issued by the Pollution Control Board.

4. When this writ petition came up for consideration on 13.01.2026, this Court passed the following order:

“Ext.P16 is only a show cause notice. The Senior Counsel, who appeared for the petitioner submitted that in the light of Exts.P2, P3 and P7, issuance of Ext.P16 is unnecessary. Since Ext.P16 is a show cause notice, there can be a direction to the petitioner to submit his objection to Ext.P16 within 10 days and there can be a direction to the 3^rd respondent to consider the same, in the light of Exts.P2, P3 and P7 within a time frame.

Therefore, the following interim directions are issued.

1) The petitioner is allowed to submit his objection to Ext.P16 within 10 days from today to the 3^rd respondent.

2) Once the objection is received, the 3^rd respondent will consider the same, in the light of Exts.P2, P3 and P7 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the 4^th respondent within two weeks thereafter.

3) The Standing Counsel appearing for the 3^rd respondent will produce a copy of this order before this Court on the next posting date.

4) Status quo as on today shall continue till the next posting date.”

5. In the light of the above interim order, the Pollution Control Board passed an order as per proceedings No. PCBDWD/149/2025-AE2 dated 31.01.2026, in which it is clearly stated that Ext.P10 consent is valid and it is in order. If that be the case, there is no problem for the Panchayat to issue a license in accordance with law, in the light of Ext.P15 and also in the light of the order passed by the Pollution Control Board.

Therefore, this Writ Petition is disposed of with the following directions:

1. The 2^nd respondent is directed to issue a license in physical form to the petitioner, in the light of the proceedings No.PCBDWD/149/2025-AE2 of the Senior Environmental Engineer, Pollution Control Board dated 31.01.2026, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment.

Sd/-