Dismissed

The Piravom Grama Panchayath v. P.M.Sahir

Kerala HC26 Sept 2012RP/824/2012

Case brief

AI extract

What is this about?

The court dismissed a review petition filed by the Piravom Grama Panchayath challenging a judgment that directed the Panchayath to pass orders on a licence. The court held that the Grama Sabha lacks authority to interfere with the Secretary’s licensing power, making such resolutions ultra vires and non-binding.

What did the court decide?

The review petition was dismissed, holding that the Grama Sabha resolution is not binding on the Panchayath regarding licensing powers.

The Piravom Grama Panchayath Vs P.M.Sahir — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934

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RP.No. 824 of 2012 ()

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AGAINST THE ORDER/JUDGMENT IN WPC.NO.18075/2012 DATED 01-08-2012

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REVIEW PETITIONER/RESPONDENTS 1 & 2:

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1. THE PIRAVOM GRAMA PANCHAYATH,

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PIRAVOM P.O., REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY,

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THE PIRAVOM GRAMA PANCHAYAT, PIRAVOM P.O., PIN-686 664.

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BY ADV. SRI.P.MARTIN JOSE

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RESPONDENT(S)/PETITIONER & 3RD RESPONDENT:

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1. P.M.SHAHIR, PARAYANKUDY HOUSE, MUDICKAL P.O., PERUMBAVOOR, ERNAKULAM-663 547.

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2. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PALMOODU JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY ITS

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SECRETARY, PIN-695 001.

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R1 BY ADV. SRI.DEVAN RAMACHANDRAN R2 BY ADV.SRI. M.AJAY,SC,KERALA STATE POLLUTION CONTROL BOARD

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss

RP.NO.824/2012

APPENDIX

PETITIONER'S ANNEXURES:

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ANNEX.A: COPY OF PROCEEDINGS DATED 07/08/2012 ISSUED BY THE PANCHAYAT.

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ANNEX.B: COPY OF ORDER DATED 03/09/2012 ISSUED BY THE SECRETARY OF THE PANCHAYAT.

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ANNEX.C: COPY OF RESOLUTION DATED 23/08/2012 PASSED BY THE GRAMA SABHA.

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RESPONDENT'S ANNEXURES: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

ANTONY DOMINIC,J

R.P.No.824 of 2012

W.P.(C)No.18075 of 2012

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Dated this the 26^th day of September, 2012

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JUDGMENT

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By judgment dated 01.08.2012, W.P.(c) No.18075 of 2012 filed by the first respondent was disposed of directing that the Panchayath shall pass orders on Ext.P10 in the light of Ext.P11 and the findings in the judgment. In this review petition, review of the judgment is sought by the Panchayath, relying on Annexure-A(c) resolution passed by the Grama Sabha, which according to the Panchayath has recommended for withdrawal of the licence granted to the writ petitioner. It is contended that under Section 3(6) of the Kerala Panchayath Raj Act, Panchayath is bound to implement the resolution of the Grama Sabha and therefore, the direction in the judgment should be suitably modified.

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Having heard the senior counsel for the petitioner and

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also the counsel for the first respondent, I am unable to agree with the petitioner that the judgment needs to be reviewed.

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R.P.No.824 of 2012 in W.P.(C)No.18075 of 2012 : 2 :

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Chapter 2 of the Kerala Panchayath Raj Act, provides for the constitution and other matters concerning Grama Sabha. Section 3(A) enumerates the powers, functions and rights of the Grama Sabha. None of the provisions contained in Section 3A empower the Grama Sabha to interfere with the licensing power of the Secretary of the Panchayath, as provided in Section 232 of the Act. Therefore, any resolution passed by the Grama Sabha, interfering with such power of the Secretary, is ultra vires Section 3 A. If so, such a resolution is not binding on the Panchayath.

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In that view of the matter, I am not persuaded to think that the judgment needs to be reviewed.

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The R.P. is dismissed.

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ANTONY DOMINIC, JUDGE

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The Piravom Grama Panchayath v. P.M.Sahir

Case brief

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The Piravom Grama Panchayath v. P.M.Sahir

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