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Kerala HC Orders Inquiry into Deemed Licenses Obtained for Quarrying Due to Default of Local Authorities in Contesting Cases
The Kerala High Court has ordered the Secretary of Local Self Government Department (LSGD) to inquire into recurring cases of deemed licenses where quarry and crusher operators have obtained such licenses to carry out their activities on default of the secretaries to appear in cases or reply to court notices. A circular had been issued by the LSGD on 20.12.2016 directing the Secretaries to ensure proper representation in cases but none of the directions have been followed. As a result, the court Suo moto impleaded the Secretary of Local Self Government Department and issued directions.
“Deemed license” is as good as normal license and is obtained on the failure of the Secretary to act upon the application within a statutory period of 30 days. Due to the failure of the sectaries to respond to applications, several writ petitions were filed in the high court for seeking deemed licenses for important activities such as quarrying/crushing operations which have a significant impact on the environment. As a result of non-appearance on behalf of the secretaries despite several notices issued by the court, the court is deemed to allow these petitions. Justice AK Jayasankaran observed that the practice of courts to grant a declaration of deemed license on the failure of any appearance or contest from the local authorities was not an ideal trend. The court relied on the division bench judgment in the case of Sudhakaran v Pallichal Grama Panchayat to arrive at its order. The matter has now been posted for 2nd July 2018.
The Kerala High Court has ordered the Secretary of Local Self Government Department (LSGD) to inquire into recurring cases of deemed licenses where quarry and crusher operators have obtained such licenses to carry out their activities on default of the secretaries to appear in cases or reply to court notices. A circular had been issued by the LSGD on 20.12.2016 directing the Secretaries to ensure proper representation in cases but none of the directions have been followed. As a result, the court Suo moto impleaded the Secretary of Local Self Government Department and issued directions.
“Deemed license” is as good as normal license and is obtained on the failure of the Secretary to act upon the application within a statutory period of 30 days. Due to the failure of the sectaries to respond to applications, several writ petitions were filed in the high court for seeking deemed licenses for important activities such as quarrying/crushing operations which have a significant impact on the environment. As a result of non-appearance on behalf of the secretaries despite several notices issued by the court, the court is deemed to allow these petitions. Justice AK Jayasankaran observed that the practice of courts to grant a declaration of deemed license on the failure of any appearance or contest from the local authorities was not an ideal trend. The court relied on the division bench judgment in the case of Sudhakaran v Pallichal Grama Panchayat to arrive at its order. The matter has now been posted for 2nd July 2018.
