Jolly George vs George Elias and Associates

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 352

V. RAMASUBRAMANIAN, PANKAJ MITHAL
Jolly George – Appellant
Versus
George Elias and Associates – Respondent

Advocates appeared:
For the Petitioner(s): M/S. Kmnp Law Aor, AOR Ms. Uttara Babbar, Adv. Mr. V Shyamohan, Adv. Ms. Anshika Bajpai, Adv. Mr. Martin G George, Adv. Mr. K.parameshwar, AOR Mr. Harish Vasudevam, Adv. Ms. Arti Gupta, Adv. Ms. Kanti, Adv.
For the Respondent(s): M/S. Kmnp Law Aor, AOR Mr. Kuriakose Varghese, Adv. Mr. V Shyamohan, Adv. Ms. Anshika Bajpai, Adv. Mr. Martin G George, Adv. Mr. C. K. Sasi, AOR Mr. Abdulla Naseeh V T, Adv. Ms. Meena K Poulose, Adv. M/S. Lawfic, AOR Mr. M.s.vishnu Sankar, Adv. Mr. Sriram Parakkat, Adv. Mr. Koshy John, Adv. Ms. Athira G. Nair, Adv. Mr. Sreenath S, Adv. Mr. Adithya Santosh, Adv. Mr. Jogy Scaria, AOR Mr. Jogy Scaria, Adv. Ms. Beena Victor, Adv. Mr. Vivek Guruprasad Ballekere, Adv. Mr. Keerthipriyan E, Adv. Ms. M Priya, Adv. Ms. Varsha Awana, Adv. Mr. K.parameshwar, AOR Mr. Harish Vasudevan, Adv. Ms. Arti Gupta, Adv. Ms. Kanti, Adv.

JUDGMENT :

V. Ramasubramanian, J.

Leave granted.

2. George Elias and Associates, which is respondent No.1 in the first set of three appeals and which is the appellant in the fourth appeal, filed two writ petitions in WP (C) Nos.10381 and 17920 of 2020 on the file of the High Court of Kerala at Ernakulam praying respectively for (i) setting aside an Order of the Committee of the Kalloorkad Gram Panchayat refusing to grant license to them for establishing a Hot Mix Plant; and (ii) for a declaration that by virtue of the certificate granted under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019,¹[For short, “Kerala MSME Act”], all licenses and approvals including the license of the Panchayat should be deemed to have been obtained.

3. By a common order dated 18.03.2021, the learned Judge of the High Court of Kerala disposed of both the writ petitions permitting the writ petitioners to prefer an application for permission under Rule 68 of the Kerala Panchayat Building Rules, 2019,²[For short, “Rules of 2019”] within two weeks and further directing the Secretary of the Panchayat to grant necessary permission subject to the conditions, if any, that may be imposed by the Pa

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2023 Supreme(SC) 352

V. RAMASUBRAMANIAN, PANKAJ MITHALJolly George – AppellantVersusGeorge Elias and Associates – Respondent

V. RAMASUBRAMANIAN, PANKAJ MITHAL
Jolly George – Appellant
Versus
George Elias and Associates – Respondent