PANKAJAKSHAN Vs. MEENANGADI GRAMA PANCHAYAT, MEENANGADI

JUDGEMENT

(1.) These writ petitions are related to a hot mix plant established by T.T. Sunny in Re.Sy.Nos. 332/2, 8, 9, 10 and 11 within the Meenangadi Grama Panchayat. The Secretary of the Panchayat, by proceedings dated 14.02.2020 interdicted functioning of the hot mix plant. This was taking note of the fact that a writ petition filed by Pankajakshan and others. It was observed in the impugned proceedings that T.T. Suuny being operated the hot mix plant in violation of the Kerala Panchayat Raj Act and Rules.

(2.) The learned counsel for the petitioner - T.T. Sunny would submit in the light of judgment of this Court produced as Ext.P11, there is no requirement to have a permission from the Panchayat. The learned counsel for the petitioner - Pankajakshan in W.P.(C) No. 33852/2019 submits that it is necessary to have permission under Sec.233 of the Kerala Panchayat Raj Act.

(3.) Precisely, the argument of T.T. Sunny is that it is a temporary erection and not a permanent one.