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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers :
“1. Issue a Writ of Certiorari or such other writ or order or direction similar to writ of certiorari, quashing Ext.P11 and Ext.P12.
Issue a writ of Mandamus or any other writ, order or direction directing the 1st respondent to issue the license to the petitioner with respect to his M Sand unit, in terms of GO(P) No. 156/2021 read with the proviso to Rule 6 of Rules, 1996, forthwith.
To grant such other reliefs as this hon'ble court may deem just and fit in the circumstances of the case.”[SIC]
The petitioner is a firm engaged in the business of crushing and manufacturing of granite aggregates. The petitioner submitted an application for license to conduct M Sand unit under Sec. 232 of the Kerala Panchayat Raj Act, 1994 before the respondent along with other licenses/consents/NOC from the statutory authorities. It is the case of the petitioner that respondent vide Exts.P11 and P12 refused to consider the application for license on the basis of Exts.P5and P6 decision taken by the Karakurissi Grama Panchayat. According to the petitioner, he is having all licenses/consents/NOC from the other statutory authorities. The respondent has no jurisdiction or power to refuse the application for license. According to the petitioner, he is entitled to get license in the light of GO (P) No.156/2021/LSGD dated 29.7.2021 and also in the light of mandatory proviso to Rule 6 of the Kerala Panchayat Raj (Issue of License to Factories, Trades, Entrepreneurship Activities and other Services) Rules, 1996. Hence this writ petition is filed.
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 1st respondent.
The counsel for the petitioner reiterated the contentions in the writ petition. The counsel takes me through Ext.P7 order passed by the Tribunal in appeal No.222/22. Moreover, the counsel for the petitioner also takes me through Ext.P8, by which the Government stayed the order passed by the Grama Panchayat on 7.2.2022. The counsel appearing for the 1st respondent submitted that the Government also referred the matter to the 2nd respondent-Tribunal about the query raised by the Secretary of the 1st respondent-Panchayat. The counsel takes me through the order passed by the Government as GO(Rt.) No.1120/2022/LSGD dated 5.5.2022.
After hearing both sides, it is clear that, if the appeal pending before the Tribunal including the reference made by the Government is decided by the Tribunal within a time frame, the entire issue can be resolved. Exts.P11 and P12 can be quashed to facilitate the Tribunal to pass appropriate orders in accordance to law in the appeals and the reference. There can be a time limit also to dispose those appeals and reference, so that the entire issue can be resolved.
Therefore, this writ petition is disposed of with the following directions.
1) Exts.P11 and P12 are quashed
2) The 2nd respondent is directed to consider Ext.P7 appeal (appeal No.222/22) along with the reference made by the Government as per GO (Rt.) No. 1120/2022/LSGD dated 5.5.2022 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
3) The appellants in appeal No. 222/22 and the respondent-Panchayat will appear before the Tribunal on 13.6.2022. The petitioner and the respondent will co-operate to see that the appeals and reference are disposed as directed above, within the time frame fixed by this Court.
4) Based on the decision from the Tribunal, the 1st respondent will pass appropriate orders in accordance to law.
5) While passing orders based on the decision of the Tribunal, the 1st respondent will consider GO(P) No.156/2021/LSGD dated 29.7.2021.