ACTION COUNCIL POOVATHODE Vs. BENNY ABRAHAM

JUDGEMENT

(1.) The history of the case unfolds the pathetic plight of a young enterprising entrepreneur who has been languishing for half a decade, hoping to get a licence from the Panchayat for setting up an industrial unit. What is the scope-rather limitation- of the power vested in a Panchayat/its President in the matter of granting permission and issuing licence to set up and conduct an industry? Once that is clearly understood by all, the petitioner and many other unfortunate entrepreneurs can smoothly get through the initial hurdles is their venture.

(2.) Under the Kerala Panchayat Raj Act, 1994 and the Rules framed thereunder it is the Panchayat which has to issue a licence for setting up an industrial unit. Certain guidelines are also prescribed in the matter. It is profitable to refer to S.232 and sub-sec.(1) of S.233 of the Act which read as follows :

(3.) The Kerala Panchayats (Licensing of Dangerous and offensive trade and Factories) Rules, 1996 issued under Sections 232, 233 and 234 of the Act provides for the further details and procedure in the matter of issuance of licence or permission. Rule 6 and relevant portion of Rule 12 regarding the issuance of permission/licence read as follows :