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2021 Supreme(Ker) 1039

S.MANIKUMAR, SHAJI P.CHALY
Jolly George S/o Late George – Appellant
Versus
George Elias and Associates – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rajan Vishnuraj, Harish Vasudevan.
For the Respondents: V. Philip Mathews, Amal Parthasaradhy, Tek Chand.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • A permission from the Secretary of the Grama Panchayat is required to install a hot mix plant of a temporary nature for a specified period, typically up to six months, as per Rule 68 of the Kerala Panchayat Building Rules, 2019 (!) (!) .
  • If the permission is granted solely for a temporary hot mix plant, no additional permissions or licenses are necessary, provided the installation adheres to the conditions of the permission (!) (!) (!) .
  • A hot mix plant intended to operate beyond six months is classified as a permanent or long-term construction under the rules, requiring compliance with all relevant building and zoning regulations, including obtaining a regular building permit and necessary licenses under the Kerala Panchayat Raj Act, 1994, and the Kerala Panchayat Building Rules, 2019 (!) (!) .
  • The period of operation determines the classification: installations for six months or less are considered temporary and require only a permission under Rule 68, whereas those exceeding six months are deemed permanent and require full compliance with the applicable building regulations (!) (!) (!) .
  • Even if a construction is unauthorized, the Secretary has the authority to regularize it under Rule 92 of the Kerala Panchayat Building Rules, 2019, provided it does not violate the rules (!) .
  • If a party insists on establishing a permanent hot mix plant, they must submit an application for regularization of the existing construction and obtain the requisite permissions (!) (!) .
  • The decision-making authority regarding permissions and regularization lies with the Secretary of the Grama Panchayat, who must consider each application in accordance with the law and applicable rules (!) (!) .
  • The installation of a hot mix plant of a temporary nature, with proper permission, can be dismantled or demolished by the Secretary if conditions are not complied with, emphasizing the temporary nature of such installations (!) (!) (!) .
  • The legal framework distinguishes between temporary installations (permitted for up to six months) and permanent structures, which are subject to more stringent approval processes (!) (!) .

Please let me know if you need further assistance or specific legal interpretations.


JUDGMENT :

SHAJI P. CHALY, J.

1. The captioned writ appeals are filed by the rival parties in W.P. (C) Nos. 10381 of 2020 and 17920 of 2020, challenging the common judgment of the learned Single Judge dated 18.03.2021.

2. Writ appeal Nos. 607 of 2021 and 756 of 2021 are filed by respondents 10 and 15 in W.P. (C) No. 17920 of 2020 and the 7th respondent in W.P. (C) No. 10381 of 2020 respectively, whereas writ appeal No. 741 of 2021 is filed by the petitioner in W.P. (C) No. 17920 of 2020.

3. W.P. (C) No. 17920 of 2020 leading to Writ Appeal No. 741 of 2021 was filed by the appellant/writ petitioner, seeking a declaration that no license or permission is required under the Kerala Panchayat Raj (Issue of License to Factories, Trades, Entrepreneurship activities and other services), Rules, 1996, or under the Kerala Panchayat Raj Act, 1994, for establishing/functioning the hot mix plant by the petitioner, as the petitioner has obtained Ext.P6 certificate under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 and for a further writ of mandamus or appropriate writ or order commanding the Kalloorkad Grama Panchayat and the President of the Kalloorkad Grama Panchayat, respon

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