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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Nizarudheen S/o Abdul Salam Zeena Manzil – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
N. NAGARESH, J.
1. W.P.(C) No.29169/2024 has been filed by the petitioner, who is constructing a plywood factory in his property. The petitioner seeks to command the police to provide adequate police protection to the petitioner, his employees and vehicles coming to the petitioner's factory premises for carrying the construction work as per Ext.P1 Building Permit without any hindrance or obstructions from respondents 4 and 5 and their men.
2. W.P.(C) No.32716/2024 has been filed by the said respondents 4 and 5 seeking the following reliefs:
(i) To strike down Section 191 (4) of the Kerala Panchayat Raj Act, 1994 as unjust, illegal and unconstitutional;
(ii) To declare that Section 191 (4) of the Kerala Panchayat Raj Act, 1994 is not to be invoked for the purpose of constructing of the plywood factory owned by the 4th respondent as mentioned in Ext.P1 in Kareepra Grama Panchayat;
(iii) To issue a writ of certiorari quashing ExtP16 GO a3 unjust, illegal and arbitrary;
Alternatively:-
(iv) To declare that Section 191 (4) of the Kerala Panchayat Raj Act does not empower the Government to pass unreasoned orders, without hearing the affected persons including the Panchayat;
(v) To issu
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 upheld the Secretary's authority to grant building permits under the Kerala Panchayat Raj Act, emphasizing that government intervention and expert assessments are crucial for ensuring compl....
The Secretary must refer local authority decisions for governmental review under specified statutory provisions.
An application for an industrial unit must be permitted or conditioned by the Panchayat and cannot be outright rejected, especially when all statutory clearances are in place.
An application under Section 191 of the Kerala Panchayat Raj Act is not maintainable if a remedy exists under Section 276, as the power to grant a licence includes the power to cancel it.
Point of Law : Section 28 of Indian Contract Act, 1872 bars agreement that imposes fetters on a party from initiating legal proceedings or enforcing its rights.
A license application is deemed granted if not decided within the statutory period, ensuring compliance with the Kerala Panchayat Raj Act, 1994.
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.
where on the admitted or indisputable facts only one conclusion is possible and under the law only one penalty is permissible, the court may not issue its writ to compel the observance of natural jus....
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