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S. MANIKUMAR, SHAJI P. CHALY
Manalur Grama Panchayath, Rep. By Its Secretary – Appellant
Versus
Vishnu A V, S/o. Velayudhan – Respondent
JUDGMENT :
Shaji P. Chaly, J.
These appeals are preferred by respondent Nos.1, 2 and 4 respectively in W.P.(C) No.9269 of 2021, challenging the judgment of the learned single Judge dated 5.1.2022, wherein the learned single Judge, after considering the rival submissions and taking into account Section 222 of Kerala Panchayat Raj Act, 1994, hereinafter called, “Act, 1994” and other relevant provisions of the Act, 1994, allowed the writ petition and directed respondents 1 and 2 to take proceedings under Section 222(5) of the Act, 1994, to close down the private market run without licence in the property of the appellant in W.A.No.334 of 2022 - 4th respondent in the writ petition, expeditiously and in accordance with law.
2. Brief material facts for the disposal of the writ appeals are as follows;
3. The writ petitioners are residents, close to the buildings owned by the appellant Church, which according to the writ petitioners, is a private market as per the description contained under Section 222 of the Act, 1994 and the definitions given to the “market” and “private market” in the Act. It is the case of the 3rd petitioner that his boundary shares with the boundary of the said building
There is no law prohibiting a building complex owner from letting out the building without adhering to the provisions of the Act, 1994.
Licence and permission are to be granted in accordance with the provisions of Act or any rule or bye-law. Which thus means when the Municipality is vested with powers to entertain an application for ....
Point of Law : Section 224 of the Kerala Panchayat Raj Act, there is prohibition of sale in unlicensed Private Markets and no person shall sell or expose for sale any animal or article in any unlicen....
Licenses for fish booths issued within prohibited distance are valid if number of shops is less than six, as defined by applicable statute.
Traders conducting private business in government-regulated markets are required to obtain municipal licenses, distinguishing regulatory control from ownership.
The main legal point established is the discretion of the authorities in considering license renewals and the necessity of prior notification for shifting market areas under the West Bengal Agricultu....
A decision by an authority impugned in a writ petition cannot be sustained if it fails to follow the directions in an earlier writ petition passed by a competent court.
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