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2001 Supreme(Ker) 275

KURIAN JOSEPH, K.K.USHA
Action Council – Appellant
Versus
Benny Abraham – Respondent


Judgment :-

Kurian Joseph, J.

The history of the case unfolds the pathetic plight of a young enterprising entrepreneur who has been languishing for half a decade, hoping to get a licence from the Panchayat for setting up an industrial unit. What is the scope-rather limitation of the power vested in a Panchayat/its President in the matter of granting permission and issuing licence to set up and conduct an industry? Once that is clearly understood by all, the petitioner and many other unfortunate entrepreneurs can smoothly get through the initial hurdles in their venture.

2. Under the Kerala Panchayat Raj Act, 1994 and the Rules framed thereunder it is the Panchayat which has to issue a licence for setting up an industrial unit. Certain guidelines are also prescribed in the matter. It is profitable to refer to S.232 and sub-s.(1) of S.233 of the Act which read as follows:

"232. Purpose for which places may not be used without a licence.- (1)The village panchayat may notify that no place in the Panchayat area shall be used for any of the purposes specified in the rules made in this behalf being purposes which in the opinion of Government, are likely to be offensive or dangerous to human






































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