NELLAYA GRAMA PANCHAYATH Vs. GOPINATHAN

JUDGEMENT

(1.) This writ appeal is filed by respondents 1 and 2 in the writ petition, who are Nellaya Grama Panchayat, Palakkad and its Secretary, challenging the judgment of the learned Single Judge in W.P.(C) No.11905 of 2020 dated 6.7.2020, whereby after considering the rival issues, learned Single Judge directed the second appellant i.e, the Secretary of the Nellaya Grama Panchayat, Palakkad to ensure that inspection of the writ petitioner's business establishment without any further delay on the writ petitioner co-operating with the said inspection process and should ascertain as to whether writ petitioner has not installed any machineries in his unit and if so, whether it is portable or not and if it is found that it is portable, then the requisite trade/D&O licence in terms of section 232 of the Kerala Panchayat Raj Act 1994 and the Rules framed thereunder, it should be issued to the writ petitioner without any further delay, at any rate, within two weeks from the date of conduct of such inspection.

(2.) It was further directed that, if on the other hand if it is found that the writ petitioner has not installed any machineries at this stage as pointed out by the writ petitioner, then also the requisite trade/D&O licence should be issued to the writ petitioner in terms of section 232 of Act, 1994. But if as a matter of act, it is found that, the machineries installed by the writ petitioner are not portable but would come within the ambit of machinery as envisaged in section 233 of the Act, then the 3rd respondent will be at liberty to insist that writ petitioner should also file requisition application for grant of establishment licence in terms of section 233 of the Act, 1994.

(3.) The subject issue relates to a trade licence application submitted by the writ petitioner before the Secretary of the Grama Panchayat which was rejected as per Ext.P4 communication dated 31.8.2018 stating that the Panchayat committee of the Grama Panchayat had taken a decision on 14.8.2018 to reject the application on account of public protests. The writ petitioner has challenged the said order before the Tribunal for Local Self Government Institutions and by Ext.P5 order dated 17.1.2019 the Tribunal directed the Secretary of the Grama Panchayat to conduct a site inspection to verity whether the machinery used by the writ petitioner is a portable one or not, and to issue D&O licence if the machineries are portable. The said order of the Tribunal has become final and conclusive. On the basis of the order of the Tribunal writ petitioner submitted Ext.P6 application on 11.3.2019 seeking issuance of D&O licence in accordance with the provisions of Act, 1994 and the Rules thereto, however, no decisions were taken. It was thereupon that the writ petition in question was filed and directions were issued by the learned Single Judge, apparently in terms of the findings rendered by the Tribunal.