IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT:

                 THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

             WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940

                                 WP(C).No. 12143 of 2018



PETITIONER(S)

     M/S. GAYATHRI ROCK PRODUCTS,
     PAZHAMBALACODE P.O., PALAKKAD, REPRESENTED BY ITS
     MANAGING PARTNER, SRI. P. P. VINCENT.


     BY ADVS.SRI.PHILIP J.VETTICKATTU
             SRI.VINEETH KURIAKOSE



RESPONDENT(S):

1.   THE DISTRICT SINGLE WINDOW CLEARANCE BOARD,
     THE DISTRICT INDUSTRIES CENTRE, PALAKKAD, REPRESENTED BY
     ITS CONVENER.

2.   THE TARUR GRAMA PANCHAYAT,
     TARUR, PALAKKAD-678544, REPRESENTED BY ITS SECRETARY.

3.   THE SECRETARY,
     TARUR GRAMA PANCHAYAT,
     TARUR, PALAKKAD-678544.

4.   THE POLLUTION CONTROL BOARD,
     DISTRICT OFFICES, PALAKKAD REP. BY ITS ENVIRONMENTAL
     ENGINEER.


        R4 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
        R2,R3 BY ADV. SRI.U.BALAGANGADHARAN
        RADDL..5 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
        R BY GOVERNMENT PLEADER, SRI.MANU RAJ K.J.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12143 of 2018 (P)

                                      APPENDIX

PETITIONER(S)' EXHIBITS

EXHIBIT P1       TRUE COPY OF COMPOSITE LICENSE ISSUED BY THE
                 TARUR GRAMA PANCHAYAT FOR THE PERIOD 2014-2015.

EXHIBIT P2       TRUE COPY OF CONSENT TO OPERATE ISSUED BY THE
                 POLLUTION CONTROL BOARD VALID UPTO 30.6.2018.

EXHIBIT P3       TRUE COPY OF DEALER'S LICENSE ISSUED BY THE
                 MINING & GEOLOGY DEPARTMENT, VALID UPTO
                 8.2.2019.

EXHIBIT P4       TRUE COPY OF JUDGMENT DATED 4.1.2018 PASSED BY
                 THIS HON'BLE COURT IN W.P.(C) NO. 15257/2017.

EXHIBIT P5       TRUE COPY OF RELEVANT PAGES OF APPLICATION
                 SUBMITTED BY THE PETITIONER BEFORE THE 1ST
                 RESPONDENT FOR RENEWAL OF TRADE LICENSE AND
                 RECEIPT SHOWING REMITTANCE OF FEES.

EXHIBIT P6       TRUE COPY OF REQUEST DATED 3.4.2018 FILED BY THE
                 PETITIONER BEFORE THE 1ST RESPONDENT FOR
                 ISSUANCE OF DEEMED RENEWAL OF TRADE LICENSE.

EXHIBIT P7       TRUE COPY OF REQUEST DATED 4.4.2018 FILED BY THE
                 PETITIONER BEFORE THE 1ST RESPONDENT FOR
                 ISSUANCE OF DEEMED RENEWAL OF CONSENT.

EXHIBIT P8       TRUE COPY OF INTERIM ORDER PASSED BY THIS
                 HON'BLE COURT IN W.P.(C) NO. 9830/2018.

EXHIBIT P9       TRUE COPY OF ORDINANCE NO. 22 OF 2017.

RESPONDENT'S EXHIBITS:        NIL
                                                                    // True copy //

                                                                        PA to Judge
das

                 A.K.JAYASANKARAN NAMBIAR, J.
                   ===========================================

                    W.P.(C). No. 12143 of 2018(P)
              =====================================================

               Dated this the 11th day of April, 2018


                                JUDGMENT

The petitioner, which is a partnership firm engaged in conducting a crusher unit in Ward No.1 of Tarur Grama Panchayat, had submitted an application for renewal of trade license as required under Section 232 of the Kerala Panchayat Raj act and also for renewal of consent to operate as required under the provision of Air (prevention and Control of Pollution) Act, 1981, as also the Water (prevention and Control of Pollution) Act, 1974. The application was made through Ext.P5 submitted before the District Single Window Clearance Board under the Kerala Investment Promotion and Faciliation Ordinance, 2017, which has since become an Act. It is the case of the petitioner that, by virtue of the amendments brought into the Industrial Single Window Clearance Board and Industrial Township Area Development Act 1999, through the said Act, the petitioner is entitled to a deemed license and consent for the period for which they were applied.

2. I have heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the  -2- W.P.(C). No. 12143 of 2018(P) respondent Panchayat as also the learned Standing Counsel appearing for the respondent Pollution Control Board.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find force in the contention of the learned counsel for the petitioner, based on the statutory provisions aforementioned that, since there is no order passed by any of the statutory respondents, either rejecting or allowing the application for consent/renewal of license, within a period of thirty days from the date of submission of the application before the Industrial Single Window Clearance Board, the petitioner has become entitled to a deemed license and consent for the period for which the same was applied. Accordingly, I dispose the writ petition directing the 1st respondent to issue a certificate indicating that the petitioner has obtained a deemed license/consent for the period for which the license/consent was applied, within two weeks from the date of receipt of a copy of this judgment. It is made clear that, nothing in this judgment shall prevent the respective respondents from taking any action against the petitioner, in the event it is found that the petitioner is  -3- W.P.(C). No. 12143 of 2018(P) violating any of the conditions of the licenses that have been granted, pursuant to this judgment.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE das/11.04.2018