Kerala High Court
Arjun B.G vs Velinalloor Grama Panchayat on 16 April, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:32557
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
WA NO. 772 OF 2025
AGAINST THE JUDGMENT DATED 08.04.2025 IN WP(C)
NO.10484 OF 2025 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
ARJUN B.G,
AGED 31 YEARS
S/O BHASKARAN, ANUGRAHAM, KAMBALAKKAD P.O,
KARIMBETTA, WAYANAD, PIN - 673122
BY ADVS.
JOMY K. JOSE
MUHAMMED ANSHIF T.K.
RESPONDENTS/RESPONDENTS:
1 VELINALLOOR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
OYOOR P.O, KOLLAM, PIN - 691510
2 THE SECRETARY,
VELINALLOOR GRAMA PANCHAYAT,
OYOOR P.O, KOLLAM, PIN - 691510
3 THE PANCHAYAT COMMITTEE,
REPRESENTED BY PRESIDENT
VELINALLOOR GRAMA PANCHAYAT,
OYOOR P.O, KOLLAM, PIN - 691510
WA NO. 772 OF 2025 2
2025:KER:32557
4 THE PRESIDENT,
VELINALLOOR GRAMA PANCHAYAT,
OYOOR P.O, KOLLAM, PIN - 691510
5 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
USHAS BUILDING, ANDAMUKKAM,
KOLLAM, PIN - 691001
6 DISTRICT LEVEL FACILITATION AND MONITORING
COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,COLLECTORATE,
CIVIL STATION ROAD, KOLLAM, PIN - 691013
7 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
8 SHAJIMON ( SOUGHT TO BE IMPLEADED )
S/O. MATHUNNI, RESIDING AT JOSHWA ESTATE,
CHERIYAVELINALLOOR P.O., VELINALLOOR VILLAGE,
KOTTARAKKARA TALUK, KOLLAM ( SOUGHT TO BE
IMPLEADED ), PIN - 685001
OTHER PRESENT:
SRI S BIJU SC
SRI T NAVEEN SC
SRI BIJU C ABRAHAM SR GP
SRI BIMAL K NATH
SMT,AMMINIKUTTY K, SR GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 772 OF 2025 3
2025:KER:32557
AMIT RAWAL & P.M. MANOJ, JJ.
---------------------------------------------------
W.A.No.772 of 2025
---------------------------------------------------
Dated this the 16th day of April, 2025
JUDGMENT
AMIT RAWAL, J.
The present writ appeal has been preferred against the
order of the learned Single Judge, whereby, while granting the
interim stay in favour of the appellant/petitioner qua
implementation of Ext.P16 order cancelling the licence issued to
the petitioner for running the business mentioned therein,
treated the said Ext.P16 order as a notice as no effective prior
notice was served upon the appellant/petitioner before
cancelling the licence, with a direction to the President of the
Panchayat to take a call on receipt of the objection to be filed
within a period of one week in accordance with the law, on the
premise, that as per the provisions of Sections 233A and 236(9)
of the Kerala Panchayat Raj Act, 1994 the Secretary of the
Panchayat and not the President of the Panchayat has the power
of cancellation of the licence that too, on any of the grounds of
2025:KER:32557
violation of any of the conditions. It is further contended that
the reasons assigned in Ext.P16 are not in violation of the terms
and conditions of the licence i.e., Ext.P2 dated 17.07.2024,
therefore, the order is liable to modified.
2. Sri.Biju C. Abraham accepts notice for the Panchayat
and submits that in the earlier round of litigation, an action
purported to have been taken by the Panchayat Secretary was
assailed before this Court and objection of the jurisdiction qua
the powers exercised by the Secretary of the Panchayat was also
raised, thus the appellant/petitioner is in the habit of
procrastinating the issue by delaying the adjudication of the
controversy involved in this case by adopting dilatory tactics.
3. We have heard learned Counsel for the parties
and appraised the paper book.
4. As per Rule 25 of the Kerala Panchayat Raj
(Issuance to Licence to Factories, Trades, Entrepreneurship
activities and Other Services) Rules, 1996, the power to cancel
the licence though, no doubt vests with the President of the
Panchayat, but as far as the other conditions as noticed in
Ext.P16 are concerned, if in violation of terms and conditions of
2025:KER:32557
the licence, or with regard to obtaining the consent for the unit,
the power as per the provisions of Sub section 9 of Section 236
of Kerala Panchayat Raj Act, vests with the Secretary.
5. Accordingly, we modify the order under
challenge that the appellant/petitioner shall file objections to
Ext.P16 which has been treated as a notice, to the Secretary
Grama Panchayat Velinallur within a period of fifteen(15) days
from today and on receipt of the objection the Secretary Grama
Panchayat shall take a call with regard to the veracity of the
objection and as well as any violations as indicated Ext.P16 in
accordance with the law. Till such time, the interim order
already granted by the learned Single Bench shall continue.
Writ appeal stands disposed of.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
P.M. MANOJ, JUDGE
MSA
