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2010 Supreme(Ker) 375

P.N.RAVINDRAN
Plant Manager, Indian Oil Corporation Ltd – Appellant
Versus
Secretary, Thenhipalam Gram – Respondent


Advocates appeared:
For the Petitioner:------For the Respondent:George Thomas (Mevada)(Sr.), Advocate.

Judgment :

1. The Plant Manager of the LPG Bottling Plant established by the Indian Oil Corporation within the local limits of Thenhipalam Grama Panchayat, in Malappuram District is the petitioner in this original petition.

2. The Indian Oil Corporation established the bottling plant within the local limits of Thenhipalam Grama Panchayat in the year 1992-93. After the plant was established, they applied for a licence under the provisions of the Kerala Panchayats (Licensing of Dangerous and Offensive Trades and Factories) Rules, 1963. Such a licence was granted and it was renewed up to 31.3.1995. In the meanwhile, the Kerala Panchayat Raj Act, 1994 was enacted and brought into force. The Government thereupon issued the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996. The Indian Oil Corporation did not however apply for renewal of the licence issued under the erstwhile rules. The Secretary, Thenhipalam Grama Panchayat thereupon issued Ext.P5 demand notice dated 18.9.2001 to the petitioner demanding payment of the sum of Rs.2,28,789/- being the licence fee and penalty payable for the period from 1996-1997 to 2001-2002. Reference was m










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