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V. G. ARUN
THAJUDHEEN A. S/O ALIKANNU – Appellant
Versus
STATE POLICE CHIEF, THIRUVANANTHAPURAM – Respondent
JUDGMENT :
V.G. ARUN, J.
1. The writ petition is filed seeking a writ of Mandamus, commanding respondents 1 to 3 to afford adequate and effective police protection for the conduct of a Hotmix Plant by the petitioners, without interference from respondents 5 to 15.
2. The essential facts are under:
The main legal point established in the judgment is that an Acknowledgement Certificate obtained under the Kerala MSME Act has the effect of an approval and exempts the holder from the requirement of....
The main legal point established in the judgment is the interpretation of the term 'portable' in relation to hot mix plants and the requirement for obtaining permission under Rule 68 of the Kerala Pa....
If a permission is granted only for putting up a hot mix plant of temporary nature, as is contemplated under Rule 68 of the Kerala Panchayat Building Rules, 2019, no further permissions are required.
Legality of the Village Panchayat passing a resolution and taking a blanket decision not to grant a fresh licence for conducting quarries on account of objection by the people in the locality was con....
Section 191(4) of Kerala Panchayat Raj Act, 1994 is valid as Tribunal hearing under Section 191(2) ensures natural justice before Government suspension. Section 233(3) limits Panchayat to imposing co....
The court highlights the obligation of authorities to consider renewal applications and adhere to procedural requirements before halting plant operations.
Point of Law : As per Section 127(3) of A.P. Panchayat Raj Act, 1994, every application for a licence or permission under the Act shall be disposed of within fifteen days from the date of receipt the....
Point of law : Environmental Clearance Certificates issued by DEIAA prior to judgment of National Green Tribunal order are valid as long as they are not subjected to successful challenge.
The court established the application of the deeming provision for license renewal and clarified the legal requirements for renewal, addressing the interference by the Panchayat Committee and the nec....
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