SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Ker) 377

ANTONY DOMINIC
T. K. Shanoj – Appellant
Versus
Wandoor Grama Panchayath, Represented by its Secretary, Wandoor, Malappuram District – Respondent


Advocates Appeared:For the Petitioners:Babu S. Nair, K. Rakesh, Advocates. For the Respondents:R1, B.H. Mansoor, R2, A. Sudhi Vasudevan, R3, G. Hariharan, Advocates, M.K. Chandramohan Das, SC for PCB.

Judgment :

In this writ petition, though the petitioners sought several reliefs, the only one that was urged during the course of the arguments was for a declaration that in the absence of Gazette notification issued under Section 232 of the Kerala Panchayat Raj Act, the respondent Panchayat cannot insist that the petitioners should obtain licences under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (hereinafter referred to as D & O Rules for short).

2. The facts of the case are that the petitioners are owners of poultry farms in respect of which, they have obtained Exts.P7 and P8 consent orders from the Kerala Pollution Control Board. They were informed that they should obtain licence under the D & O rules and thereupon they made applications, the receipt of which have been acknowledged by the Panchayat by Exts.P11 and P12. Thereafter, according to them, they realised that in the absence of Gazette notification issued under Section 232 of the Act, it was not a statutory requirement to obtain such licence and hence this writ petition was filed.

3. After the filing of the writ petition, Panchayat states that they have issued E











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top