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2013 Supreme(Ker) 755

ANTONY DOMINIC, P.D.RAJAN
A. G. Unnikrishnan – Appellant
Versus
Commissioner of Excise – Respondent


Advocates appeared:
For the Appellant:Sheji P. Abraham, O.K. Muraleedharan, Advocates.
For the Respondents:R1 to R4, Rema, Govt. Pleader, R5, Sajeev Kumar K. Gopal, R6, Saji Kuriachan, M.R. Nandakumar, Advocates, P.K. Suresh Kumar, Sr. Advocate.

Judgment :

Antony Dominic, J.

1. The correctness of the finding of the learned Single Judge that T.S.No.36 in Ward No.14 of Poothrikka Grama Panchayat, of the 6th respondent is entitled to the benefit of section 232(5) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the KPR Act, for short) is the only issue raised in this appeal.

2. Section 232 of the KPR Act as amended by Ordinance 62 of 2012 reads thus:

"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 life or health or property, without a licence issued by the Secretary and except in accordance with the conditions specified in such licence:

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

(2) Notwithstanding anything contained in the Abkari Act, 1077 (1 of 1077) or in any other law for the time being in force, no person shall, without previous permission in writing of a Village Panch


























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