Shaji P Chaly, JThis writ petition is filed by the petitioner seeking direction to the 2nd respondent to issue a certificate of declaration that the petitioner is having deemed D&O licence to operate the quarry for the period 2018-19 within a reasonable time, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

2. Petitioner is an operator of a quarry in the property comprised in Survey Nos.53/2, 53/3 and 53/4 of Thachanattukara-2 Village and Survey No.390/1-A of Thachanattukara-1 Village of Mannarkadu Taluk, Palakkad District. According to the petitioner, petitioner is operating the quarry after securing licence/permission/consent from the respective statutory authorities. Exts.P1 to P3 are D&O licence issued by the 2nd respondent on 04.04.2016, 28.07.2016 and 14.07.2016. During the validity of Exts.P1 to P3 licence, petitioner was compelled to stop the operation of quarry for want of environmental clearance. Thereafter, petitioner has obtained the environmental clearance as per Ext.P4 dated 31.01.2018, and Ext.P5 consent is issued by the Kerala State Pollution Control Board on 22.02.2018. Petitioner has also secured Ext.P6 explosive licence and Ext.P7 letter of intent dated 02.08.2017 issued by the Director of Mining and Geology. In accordance with the directions contained in Ext.P7, petitioner has to produce certain documents for obtaining the quarry lease, which includes D&O licence from the 1st respondent. Thereupon, petitioner has submitted 4 applications dated 27.02.2018 before the 1st respondent, to which, the 2nd respondent has issued Exts.P8 to P11 receipts. According to the petitioner, the copy of the application for licence was not retained by the petitioner. Even though petitioner tried his level best to secure the D&O licence issued, the respondents are taking a hesitant attitude to issue the same, and it is thus constrained with the said circumstances, petitioner has filed this writ petition.

3. Second respondent has filed a detailed counter affidavit. Among other contentions, it is stated that, petitioner had brought an application to the 1st respondent Panchayat, seeking D&O licence for the year 2018-19. However, large number of locals have objected to granting D&O licence for the petitioner to operate the quarry. The objection raised was that due to the operation of the quarry, the structure of their buildings are getting damaged and huge cracks are developed on the walls. That apart, large amount of dust from the quarry is disturbing the normal life of the people of the locality, and thereby they are infected with serious allergies. Other objections are also raised by the people residing in the locality like, children going to school are facing difficulties etc. etc. Thereupon, the Panchayat Committee, as per Ext.R2(a) resolution dated 07.03.2018 decided to hear the objections and a notice dated 03.05.2018 was issued to the petitioner, evident from Ext.R2(b). The hearing was held by the Panchayat Committee headed by the President on 09.05.2018, and after hearing both sides, it was decided by the committee of the Panchayat to reject the application for D&O licence sought for by the petitioner, evident from Ext.R2(c). The decision of the Panchayat committee dated 22.05.2018 is produced as Ext.R2(d). According to the 2nd respondent, the rejection of the application was informed to the petitioner as per Ext.R2(e) letter dated 23.05.2018. Therefore, according to the respondents, petitioner is not entitled to get the reliefs sought for in the writ petition.

4. I have heard learned counsel for the petitioner and the learned counsel appearing for the respondent Panchayat. Perused the documents on record and the pleadings put forth by the respective parties.

5. The tenor and terms of the pleadings put forth by the petitioner and the legal circumstances pointed out make it clear that, petitioner is seeking the relief on the basis of deemed licence accrued as per sub-section (3) of Sec.236 of the Kerala Panchayat Raj Act, 1994, which stipulates as follows:

236. General provisions regarding licences and permissions.--

1) x x x x x x x x

2) x x x x x x x x

3) Save as aforesaid, if orders on an application for any such licence or permission are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the Secretary, the application shall be deemed to have been allowed for the period, if any, for which it would have been ordinarily allowed and subject to the law, rules and bye-laws and all conditions ordinarily imposed.

6. Therefore, on a reading of the said provision, it is specific and clear, unless and until a decision is taken by the Panchayat within thirty days from the date of receipt of the application for licence, a deemed licence will accrue to the petitioner. The counter affidavit filed by the respondents shows that the application was submitted by the petitioner. However, no decision was taken within thirty days from the date of receipt of the application on the ground that the residents of the locality were objecting the operation of the quarry by the petitioner. It is also evident that, even the notice for hearing was issued to the petitioner only on 03.05.2018, and the subject matter was finally heard by the respondents only on 09.05.2018, and an order was passed declining licence on 22.05.2018, which was intimated to the petitioner on 23.05.2018, evident from Ext.R2(e). Therefore, from the pleadings put forth by the respondents, it is evident that, the petitioner is entitled to get deemed licence, as is provided under the afore-quoted provision of the Kerala Panchayat Raj Act.

7. Therefore, there will be a direction to the respondents to issue a licence to the petitioner in accordance with law, at the earliest possible time, and at any rate, within three weeks from the date of receipt of a copy of this judgment. I also make it clear that, the respondents will be at liberty to verify the veracity of the licences/consent/permission secured by the petitioner from the respective statutory authorities. If any of the conditions of the licence are violated, the authority of the Panchayat to take any action in accordance with law, is also left open.

The writ petition is disposed of accordingly.