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2021 Supreme(Ker) 367

P.B.SURESH KUMAR
George Elias and Associates, Edayath – Appellant
Versus
Kalloorkad Grama Panchayat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. V.Philip Mathew, Sri.Gibi.C.George, Advs.
For the Respondent: Sri. M.H. Hanil Kumar, Sri.Rajan Vishnuraj, Sri.Harish Vasudevan, Advs. Sri. Naveen, Sc, Sri. K.J. Manuraj, Gp

JUDGMENT :

The issues arising for consideration in these matters being closely interlinked, they are disposed of by this common judgment. The parties and documents are referred to in the judgment, unless otherwise mentioned, as they appear in W.P. (C) No.10381 of 2020.

2. The petitioner is a firm engaged in executing road works on contract basis. They own a portable Hot Mix Plant. For the purpose of installing the same on a land within the limits of the first respondent Panchayat, the petitioner obtained Ext.P2 consent from the State Pollution Control Board. It is stated by the petitioner that though licence of the Panchayat is not required for establishing and operating a portable hot mix plant, by way of abundant caution, they preferred Ext.P3 application for licence before the panchayat on 7.3.2020 in terms of the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other services) Rules, 1996 (the Rules) framed under the Kerala Panchayat Raj Act, 1994 (the Act). The said application was rejected by the Committee of the Panchayat as per Ext.P11 decision, stating among others, that the petitioner has not obtained permission of the Panchayat u

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