MANJULA CHELLUR, A.M.SHAFFIQUE
Kadaplamattom Grama Panchayat, represented by The Secretary – Appellant
Versus
Johny Roy – Respondent
Shaffique, J.
1. The appellant in W.A.No.250/2012 is the Kadaplamatom Grama Panchayat. It challenges the judgment of the learned single Judge in W.P. (C) No.16033 of 2011, directing the Secretary of the Panchayat to reconsider an application filed by the respondent herein for license under the provisions of Kerala Panchayat Raj (Issue of License to Dangerous and Offensive Trades and Factories) Rules 1996, (hereinafter referred as the D&O Rules) and to pass orders on the application for license to operate a quarry, without reference to the resolution passed by the Panchayat.
2. The respondent herein had filed the writ petition challenging Exhibits P7 and P8. Exhibit P7 is an intimation issued by the Secretary of the Panchayat on 3.6.2011 intimating the respondent that the application of the petitioner for the license to conduct quarrying operation in survey number 294/4 in Ward No. IX was rejected on account of decision taken by the Grama Panchayat in their meeting held on 30.4.2011. Exhibit P8 is the minutes of the meeting referred by the Secretary in Exhibit P7 intimation. As per Exhibit P8 resolution it is seen that the Panchayat Committee has considered the complaints
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