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1966 Supreme(Ker) 296

ANNA CHANDY, V.P.GOPALAN NAMBIYAR
EXECUTIVE OFFICER, ELAYAVOOR PANCHAYAT – Appellant
Versus
M. BHARATHAN – Respondent


Judgment :-

1. This appeal is against the order of acquittal passed by the II nd Class Magistrate, Cannanore. The complaint was by the Executive Officer, Elayavoor Panchayat, under S.96 and 97 read with S.119 of the Kerala Panchayats Act and the rules made thereunder. S.96 and 97 of the Act read as follows:

"96. Purpose for which places may not be used without a licence. The Panchayat may with the previous approval of the Director 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 life or health or property, without a licence issued by the executive authority and except in accordance with the conditions specified in

such licence:

Provided that no such notification shall take effect until the expiry of sixty days from the date of its publication.

97. Permission for the construction of factories and the installation of machinery. No person shall, without the permission of the Panchayat and except in accordance with the conditions specified in such permission

(a) construct or establish any factory, workshop or work-pla










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