The validity of a trade license for industrial establishments such as quarries should be granted for a five-year period under Rule 8 of the Kerala Panchayat Raj Rules, provided the applicant continues to hold valid statutory environmental clearances and pollution control consents throughout that term.

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“i. To issue a Writ of Mandamus, other Writ, order or direction to the respondents 1 and 2 to renew Exhibits P-4 for a further period of 5 years irrespective of the limitation of validity of Exhibit P-1 to 06/09/2023;

ii. issue Writ of Mandamus, other Writ, Order or Direction to quash Exhibit P13 by holding that they are unconstitutional after calling for the records leading thereto;

iii. To issue such other orders or direction, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case;

and iv. Dispense with filing of the translation of vernacular documents produced in this case;” [SIC]

2. The petitioner secured Ext.P1 Environmental Clearance for running a quarry and Ext.P5 is the lease deed. It is submitted that, as per the mining plan, the life of Ext.P5 mine is 12 years. Now, as per Ext.P7 notification, the life of Environmental Clearance is made co-extensive with the life of mine is the further submission. In such circumstances, the petitioner is entitled to get quarrying operations for the balance period in Ext.P5 lease deed irrespective of the limiting of validity of Ext.P1 to 5 years only is the submission. The petitioner relied the judgments of this Court in Exts.P14 and P15. Hence, this Writ Petition is filed.

3. Heard, the learned counsel appearing for the petitioner and the counsel for the Panchayat.

4. There is no dispute to the fact the point raised by the petitioner is covered in favour of the petitioner in Exts.P14 and P15 judgments. This Court in Ext.P14 judgment relied another judgment of this Court in WP(C) No.35742/2019. It will be better to extract the relevant portion of that judgment:

“4. It is to be noted that proviso to Rule 8 of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996 the period of licence in respect of industrial establishment is fixed as five years. Therefore, the Panchayat is bound to give licence for a period of five years. However, the petitioner can operate upto five years, only if the petitioner is having valid Environment Clearance, consent from the Kerala State Pollution Control Board etc. for the entire period of five years. Accordingly, the Panchayat is directed to extend the period of validity of licence, for a period of five years.

6. The learned counsel for the Panchayat submits that as the Director of Panchayats had issued a circular stating that the validity of the licence has to be coterminous with the permit, consent etc. issued by the other competent authority, I am of the view that the validity of the licence shall be in accordance with the proviso to Rule 8 of the Rules. If the consent or permit issued to the applicant expires before the expiry of five years, it is open for the Panchayat to cancel and revoke the licence.”

The same principle is applicable in this case also.

5. Therefore, the petitioner can be allowed to file a fresh application for renewal of Ext.P4 license and the Panchayat will consider the same in the light of the principles laid down by this Court in Exts.P14 and P15 judgments, if it is otherwise in order, for five years.

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

1. The petitioner is free to file a fresh application for renewal of trade license before the 1^st respondent, within a period of two weeks from the date of receipt of a certified copy of this judgment.

2. If such an application is received, the 1^st respondent will consider the same and pass consequential order in it, in the light of Exts.P14 and P15, if it is otherwise in order, as expeditiously as possible, at any rate, within a period of 30 days from the date o