Kerala HC Orders Inquiry Into Deemed Licenses Obtained For Quarrying Due To Default Of Local Authorities In Contesting Cases [Read Order]
Taking note of the recurring instances where quarry and crusher operators obtained ‘deemed license’ for their activities due to failure of panchayats/municipalities concerned to appear and contest cases in the Kerala High Court, the court has ordered the Secretary of Local Self Government Department to inquire into such cases of deemed licenses.‘Deemed license’ is obtained on failure. Taking note of the recurring instances where quarry and crusher operators obtained ‘deemed license’ for their activities due to failure of panchayats/municipalities concerned to appear and contest cases in the Kerala High Court, the court has ordered the Secretary of Local Self Government Department to inquire into such cases of deemed licenses. ‘Deemed license’ is as good as a normal license and several writ petitions are filed in the high court seeking declaration of deemed license and issuance of physical certificate to that effect, as per the ruling of the division bench in Sudhakaran v Pallichal Grama Panchayat. The court noted that the Local Self Government Department had issued a circular on 20.12.2016, directing the Secretaries to ensure proper representation in cases.
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