Allowed

C.J.Lazer v. State of Kerala

Kerala HC18 Nov 2022WP(C)/2822/2022

Case brief

AI extract

What is this about?

The High Court set aside the Panchayat Committee's refusal to grant a business licence, holding that the Secretary held the primary authority under Section 232(1) of the Kerala Panchayat Raj Act, 1994, and cannot be usurped by the appellate Committee. The Hall granted to the Secretary to decide the pettioners' application, directing the first to one month from the date of receipt of this judgment.

What did the court decide?

Ext.P5 decision and Ext.P4 order set aside. Direction issued to 3rd respondent to consider Ext.P1 application for licence within one month.

C.J.Lazer Vs State of Kerala — Writ and Judicial Review | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944

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WP(C) NO. 2822 OF 2022

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PETITIONER:

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C.J. LAZER AGED 59 YEARS S/O. JOSE, CHIRAYATH HOUSE, SASTHRI NAGAR, NADATHARA P. O., THRISSUR DISTRICT, PIN – 680 751.

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BY ADV SRI. DINESH MATHEW J.MURIKAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, PALAYAM P. O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 001. 2 NADATHARA GRAMA PANCHAYAT VEEMBIL, MOORKANIKKARA P. O., THRISSUR DISTRICT, PIN – 680 751, REPRESENTED BY ITS SECRETARY. 3 THE SECRETARY NADATHARA GRAMA PANCHAYAT, VEEMBIL, MOORKANIKKARA P. O., THRISSUR DISTRICT, PIN – 680 751. 4 THE PANCHAYAT COMMITTEE NADATHARA GRAMA PANCHAYAT, VEEMBIL, MOORKANIKKARA P. O., THRISSUR DISTRICT, PIN – 680 751, REPRESENTED BY ITS PRESIDENT. 5 ANEESH S/O. VISWANATHAN, MALAYATTIL HOUSE, KOZHUKKULLY P. O., THRISSUR DISTRICT, PIN – 680 751. BY ADVS. SRI. T.C.SURESH MENON - SC SRI. B.DEEPAK SRI. B.S SYAMANTHAK – GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2822 OF 2022

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JUDGMENT

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The petitioner has approached this Court challenging Ext.P5 decision of the 4^th respondent Panchayat Committee refusing to grant him licence to conduct the business in turpentine, chalk powder, plaster of paris, roofing compound etc., within the jurisdiction of the Panchayat. According to the petitioner, the Secretary of the Panchayat is the authority competent under Section 232 (1) of the Kerala Panchayat Raj Act, 1994, to consider Ext.P1 application for licence and the Panchayat Committee, which is the appellate authority, cannot usurp the powers of the Secretary.

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Ext.P5 decision of the Panchayat Committee

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and Ext.P4 order of the Secretary on the basis of the decision of the Panchayat Committee are set aside.

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WP(C).No.2822 OF 2022

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There will be a direction to the 3^rd respondent to consider Ext.P1 application for licence in accordance with law, after hearing the petitioner. This shall be done within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of with the above

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direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.2822 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR LICENCE WITH ENCLOSURES SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.11.2021. EXHIBIT P2 TRUE COPY OF THE SANITARY CERTIFICATE ISSUED BY THE HEALTH INSPECTOR DATED 26.11.2021. EXHIBIT P3 TRUE COPY OF THE HEARING NOTICE DATED 28.12.2021 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 11.01.2022. EXHIBIT P5 EXHIBIT P5:TRUE COPY OF THE DECISION NO.8/1 ISSUED BY THE 4TH RESPONDENT DATED 16.12.2021.

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RESPONDENTS EXHIBITS:-

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EXHIBIT R2(a)	TRUE COPY OF THE THE POLLUTION C 22/12/2018.	INFORMATION GIVEN BY ONTROL BOARD, DATED
EXHIBIT R2(b)	TRUE COPY OF NO.PCB/TSR/IC/4203 KERALA STATE POLL DATED 01/01/2019.	THE COMMUNICATION /13 ISSUED BY THE UTION CONTROL BOARD,
EXHIBIT R2(c)	TRUE COPY OF THE THE PANCHAYATH DATED 08/12/2021.	INTIMATION GIVEN BY TO THE PETITIONER,

C.J.Lazer v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.J.Lazer v. State of Kerala

Case brief

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What did the court decide?

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