IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937

WP(C).No. 124 of 2015 (M)

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PETITIONER :

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SMT. BEENA BENCY, AGED 47 YEARS,

W/O. BENCY JOHN, PROPRIETRIX,

ST. THOMAS HOLLOW BRICKS,

KIZHAKKUMBHAGOM.P.O., NIRANAM,

RESIDING AT KANNAMMALIL PUTHENPARAMBIL,

VEEYAPURAM P.O, HARIPAD, ALAPPUZHA DISTRICT-690 514.

BY SRI.K.RAMAKUMAR,SENIOR ADVOCATE

ADVS. SRI.S.M.PRASANTH

SRI.C.DINESH

SMT.ASHA BABU

SMT.AMMU CHARLES

SRI.G.RENJITH

SMT.JINNU SARA GEORGE

RESPONDENT(S):

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1. NIRANAM GRAMA PANCHAYAT,

KIZHAKKUMBHAGAM.P.O., NIRANAM,

PATHANAMTHITTA-689 621.

2. THE LOCAL SELF GOVERNMENT INSTITUTIONS,

THIRUVANANTHAPURAM-695 001.

R1 BY ADVS. SRI.S.NARAYANAN NAIR

SRI.K.PUSHPARAJAN ACHARY

R2 BY GOVERNMENT PLEADER SMT. ANITHA RAVEENDRAN

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

ON 11-08-2015 , THE COURT ON 29-10-2015 DELIVERED THE

FOLLOWING:

sts

WP(C).No. 124 of 2015 (M)

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APPENDIX

PETITIONER(S)' EXHIBITS

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P1.

TRUE COPY OF THE ORDER DATED 4-3-2014 ISSUED BY R1 ALONG WITH

TRANSLATION.

P2.

TRUE COPY OF THE ORDER DATED 15-12-14 IN APPEAL NO. 420 OF 2014 ON

THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

P3.

TRUE COPY OF THE RECEIPT NO.83 DATED 11/5/2009 ISSUED BY THE

NIRANAM GRAMA PANCHAYAT.

RESPONDENT(S)' EXHIBITS:

NIL

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/TRUE COPY/

P.S.TO JUDGE

sts

A.V.RAMAKRISHNA PILLAI, J

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WPC No.124 of 2015

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Dated this the 29^th day of October, 2015

JUDGMENT

The petitioner is running a hollow bricks unit

within the Niranam Grama Panchayat in Building

No.4/105B in Pathanamthitta District. The petitioner

alleges that the unit was started after obtaining

consent from the neighbours and all requisite

licenses from the Panchayat. The Kerala State

Pollution Control Board, the Inspector of Factories

and Boilers and the Industries Department have also

issued the necessary consent and other letters

enabling the petitioner to run the unit; it is alleged.

2. According to the petitioner, when the license

granted by the first respondent Panchayat expired

due to some unfounded objections levelled by

somebody, the first respondent Panchayat refused to

renew the license. The Secretary declined the

WPC No.124/2015 2

license by order dated 4.3.2014. Since the order has

been issued by the Panchayat as the Panchayat

alone has powers to grant or decline a license, the

Tribunal for Local Self Government Institutions was

moved which stayed the order for a short while. The

Panchayat filed an objection taking the ground that

the application is not maintainable before the

Tribunal since there is a provision for appeal to the

Panchayat against the refusal to grant license by the

Secretary. Taking the view that the Tribunal has no

jurisdiction, the appeal was rejected on the ground of

lack of jurisdiction. Licenses are granted by the

Panchayat under Section 232 of the Kerala Panchayat

Raj Act. The petitioner points out that since the

grant of license is within the power of the Panchayat,

renewal is also within the powers of the Panchayat.

The Secretary on his own accord, therefore, has no

authority to pass orders. It is with this background

the petitioner has come up before this Court.

3. In the counter affidavit filed by the first

WPC No.124/20