JUDGMENT :

The petitioner-Company, is aggrieved by Ext.P20 resolution taken by the 1st respondent-Panchayat. By Ext.P20, the 1st respondent subjected Ext.P21 D&O/Trade Licence issued to the petitioner to four conditions. The respondents have no power under the Kerala Panchayat Raj Act, 1994 to make such conditions. The conditions inserted in Ext.P20 are illegal, arbitrary, and without jurisdiction, contends the petitioner. Ext.P20 is ultra vires the powers of the respondents under the Kerala Panchayat Raj Act, 1994.

2. The petitioner is the Concessionaire for Design, Build, Finance, Operate and Transfer (DBFOT) of Vizhinjam Seaport Project which is a major infrastructure project by Government of Kerala which is developed in Public Private Partnership (PPP) mode. By Ext.P1, taking into consideration the requirement of time bound completion of the Vizhinjam International Seaport and the shortage of rock boulders faced by the petitioner, Government decided that the petitioner shall be given priority in quarrying activities in Government land and the respective District Collectors shall give NOC to those applications for NOCs with respect to Vizhinjam Port.

3. The petitioner was issued wi