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Judgment
9 paragraphs · 160 wordsThe petitioner's application seeking renewal of trade licence to operate a quarry, was rejected by the Panchayat committee on the ground of
“public protestâ€.
Ext.P7 order is prima facie unsustainable on two grounds. Firstly, the grant of licence and its renewal are powers conferred on the Secretary and
not on the committee. The committee could not have interfered with and pass Ext.P7 order [see Onset Developers v. Akathethara Grama Panchayat
(2015 (1) KLT 668), Madhava Menon v. District Collector (2019 (4) KLT 608)]; secondly, mere public protest cannot be a ground to deny the
issuance of a licence by a statutory authority which is bound to act in accordance with the rules [see Southern Granite Industries, TVM. v. Pallichal
Grama Panchayat, TVM and Anr. 2016 (1) KHC 207].
Accordingly, the writ petition is allowed. Exts.P6 and P7 orders are quashed. The second respondent shall consider the renewal application and pass
orders thereon in accordance with law, without delay.