The President, Thalappalam Grama ... vs State Of Kerala
2022 Latest Caselaw 8989 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                        &
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
              Tuesday, the 26th day of July 2022 / 4th Sravana, 1944
                            WP(C) NO. 7445 OF 2020(E)
PETITIONER:

     THE PRESIDENT, THALAPPALAM GRAMA PANCHAYATH, PLASSANAL P.O.,
     KOTTAYAM DISTRICT PIN - 686 579.

RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001.
  2. SECRETARY TO GOVERNMENT, LAW (LEGISLATION) DEPARTMENT, GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.
  3. SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT,
     GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an Interim Order staying the operation of Ext.P1 amendment
to the Sections 232 and 233 of the Kerala Panchayat Raj Act, pending
disposal of this Writ Petition (civil), in the interest of justice.


     This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.GEORGEKUTTY MATHEW Advocate for the petitioner, the court passed the
following:
                 APPENDIX OF WP(C)NO. 7445/2020

EXHIBIT P1:   TRUE COPY OF THE RELEVANT EXTRACT OF THE ACT 14/2018
              PUBLISHED IN KERALA GAZETTE EXTRA ORDINARY DATED
              07.04.2018.
                        S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
                     ----------------------------------
                        W.P.(C)Nos.7445 of 2020 & 22442 of 2022
                     ----------------------------------
                          Dated this the 26th day of July, 2022

                                            ORDER

S.MANIKUMAR, C.J.

These writ petitions are filed challenging amendment to Sections

232 and 233 of the Kerala Panchayat Raj Act. As per the amended

provisions, the right of the Panchayat to deny licence under Section 232

and permit under Section 233 are taken away. A connected writ petition

namely, W.P.(C)No.17305/2022 has been decided by the writ court vide

judgment dated 22.6.2022 on the basis of the material on record and the

law applicable at that point of time.

In the light of the above, we are of the view that these writ petitions

are to be posted before the writ court. Accordingly, registry is directed to

post these writ petitions before the learned Single Judge as per roster.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes

26-07-2022 /True Copy/ Assistant Registrar