2025:KER:25170 WP(C) No.2049 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 2049 OF 2025 PETITIONER/S: SENKUMAR J., AGED 58 YEARS S/O. JANARDANAN, VENCHEMBIL HOUSE, KARIMPINPUZHA, PUTHOOR, KOLLAM, PIN - 691507 BY ADVS. P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN BHARATH MOHAN K.P.SATHEESAN (SR.) RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 PAVITHRESWARAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PAVITHRESWARAM, KARIMPINPUZHA P.O., KOLLAM, PIN - 695001 3 THE SECRETARY, PAVITHRESWARAM GRAMA PANCHAYATH, PAVITHRESWARAM, KARIMPINPUZHA P.O., KOLLAM, PIN - 691507 4 THE DISTRICT OFFICER ( SOUGHT TO BE IMPLEADED ), DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, NEAR 2025:KER:25170 WP(C) No.2049 OF 2025 2 K.S.R.T.C. BUS STATION, KOLLAM ( SOUGHT TO BE IMPLEADED ) BY ADV K.V.ANIL KUMAR OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25170 WP(C) No.2049 OF 2025 3 J U D G M E N T The petitioner is aggrieved by Ext.P10 notice issued by the 3rd respondent by which it is intimated that, the application submitted by the petitioner for renewal of licence for the brick manufacturing unit run by the petitioner, can be considered only after getting necessary instructions in this regard from the Department of Mining and Geology. According to the 3rd respondent, he has already sought opinion with respect to the same from the Department of Mining and Geology. 2. On the other hand, the specific contention put forward by the learned Senior Counsel appearing for the petitioner is that, as far as the petitioner is concerned, the petitioner submitted an application for licence as evident from Ext.P7 as early as on 15.03.2024. Since the Secretary did not take any decision on the application submitted by the petitioner for licence within the statutory period of 30 days, the petitioner had secured deemed licence as contemplated under Sec. 236 (3) of Kerala Panchayath Raj Act 1994. 3. After examining the statutory stipulations laid down in Sec. 236(3), I find merits in the said submissions. As rightly pointed out by the learned Senior Counsel, there was no 2025:KER:25170 WP(C) No.2049 OF 2025 4 response to the application submitted by the petitioner for licence within the statutory period and only notice issued by the 3rd respondent was on 19.11.2024, which is long after the expiry of the statutory period contemplated. Therefore the petitioner had obtained deemed licence as contemplated under Sec. 236(3) for the year 2024-2025. Therefore, further orders are not necessary. It is further clarified that this will not preclude the 3rd respondent from initiating proper proceedings against the petitioner in case any complaints are received against him or there are any violations of the statutory provisions. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/25.03 2025:KER:25170 WP(C) No.2049 OF 2025 5 APPENDIX OF WP(C) 2049/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE D & O LICENSE ISSUED BY THE 3RD RESPONDENT DATED 21-06-2017 Exhibit -P2 TRUE COPY OF THE RENEWED LICENSE ISSUED BY THE 3RD RESPONDENT DATED 3-5-2018 Exhibit -P3 TRUE COPY OF THE FTE & OS LICENSE ISSUED BY THE 3RD RESPONDENT DATED 29-05-2019 Exhibit -P4 TRUE COPY OF THE FTE & OS LICENSE ISSUED BY THE 3RD RESPONDENT DATED 18-06-2020 Exhibit -P5 TRUE COPY OF THE FTE & OS LICENSE ISSUED BY THE 3RD RESPONDENT DATED 6-5-2021 Exhibit -P6 TRUE COPY OF THE FTE & OS LICENSE ISSUED BY THE 3RD RESPONDENT DATED 20-03-2023 Exhibit -P7 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 15-03-2024 Exhibit -P8 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE – RENEWAL ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 2-8-2024 Exhibit -P9 TRUE COPY OF THE JUDGMENT DATED 29-10-2024 IN W.P.(C)NO. 28755/2024 Exhibit -P10 TRUE COPY OF THE LETTER NO. 400289/NRMCO3/GPO/2024/2389(2) DATED 19-11- 2024 ISSUED BY THE 3RD RESPONDENT Exhibit -P11 TRUE COPY OF THE E-CHALAN RECEIPT ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DATED 15-05-2024 (CIN NO. 413618047111) Exhibit-P11(a) TRUE COPY OF THE E-CHALAN RECEIPT ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DATED 15-05-2024 (CIN NO. 413629536910) Exhibit-P11(b) TRUE COPY OF THE E-CHALAN RECEIPT ISSUED BY 2025:KER:25170 WP(C) No.2049 OF 2025 6 THE DEPARTMENT OF MINING AND GEOLOGY DATED 15-05-2024 (CIN NO. 413629262119) Exhibit-P11(c) TRUE COPY OF THE E-CHALAN RECEIPT ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DATED 15-05-2024 (CIN NO. 413617740386) RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE