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2024 Supreme(Ker) 1401

R. SURESH KUMAR, S/O. (LATE) RAVEENDRAN – Appellant
Versus
STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT (RC) DEPARTMENT – Respondent


Advocates Appeared:
For the Petitioner: D. KISHORE, MEERA GOPINATH, R.MURALEEKRISHNAN (MALAKKARA).
For the Respondents: ROSHEN D. ALEXANDER, TINA ALEX THOMAS, HARIMOHAN, KOCHURANI JAMES, SUMAN CHKRAVARTHY (SC), K. R. DEEPA (SPL. GP), JASMINE M. M (GP).

JUDGMENT :

GOPINATH P., J.

The short question and the only one that arises for consideration in this writ petition is whether the Government could exercise its jurisdiction under Section 191 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the ‘1994 Act’) against Ext.P11 decision of the committee of the Aryanad Grama Panchayat (hereinafter referred to as ‘the Panchayat’) in the light of the bar created by sub-section (3) of Section 191 of the 1994 Act. The brief facts necessary for disposal of this writ petition are noticed below:-

2. The 9th respondent is a Company engaged in executing an infrastructure project commonly known as the ‘Vizhinjam Port’ at Vizhinjam in Thiruvananthapuram District. It had, in connection with the construction activities of the Port, intended to set up a stone (granite) quarry in certain Government land falling within the limits of the Panchayat. When its application for license from the Panchayat under Section 233 of the 1994 Act was not processed, it approached this Court by filing a writ petition (W.P(C)No.35965/2022), which was allowed by Ext.P8 judgment dated 23-12-2022, finding that by virtue of the operation of the provisions of sub

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