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KERALA HIGH COURT
K. K. Suresh, J
O/E/N Connectors Ltd. v. Chottanikara Grama Panchayat
| Table of Content |
|---|
| 1. establishment of local self-governance via amendments. (Para 1 , 4 , 5) |
| 2. challenge to increased license fees under the act. (Para 2 , 6) |
| 3. clarification of the judicial position on fee levies. (Para 7 , 8 , 13 , 14 , 15) |
| 4. arguments regarding quid pro quo and alleged excessive fees. (Para 9 , 10 , 12) |
| 5. judicial interpretation of fees vs. taxes and regulatory nature. (Para 11 , 30 , 32) |
| 6. legal provisions supporting regulatory fee structure. (Para 17 , 19 , 21 , 22) |
| 7. judicial distinctions between compensatory fees and regulatory fees. (Para 24 , 26 , 29) |
| 8. rejection of appeals and conclusions on the fee's legality. (Para 33 , 34) |
1. The law makers realising the importance of local self governance units in building the nation, brought to the fore by the 73rd Amendment to the Indian Constitution the role of Village Panchayats or Village Councils. The 73rd Amendment incorporated Part IX in the Constitution and required the States to bring into existence laws for implementation of three tier Panchayat Raj system. After this amendment, the Kerala Panchayats Act, 1960 is repealed and the Kerala Panchayat Raj Act, 1994 is enacted and has been in force for the last 13
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