BIJU JACOB Vs. KODAKARA GRAMA PANCHAYATH

JUDGEMENT

(1.) PETITIONER challenges Ext.P14 order of the Tribunal for Local Self Government Institutions, Thiruvananthapuram. By the impugned order, the Tribunal cancelled the license issued in favour of the petitioner in the matter relating to conducting of the unit of furniture manufacturing. There was a direction to the Secretary of the Panchayath to follow the directions in terms of Ext.P14 Paragraph 12 of the order, is extracted below:-

(2.) THERE is a further direction to the petitioner not to run the industry without obtaining valid license from the Secretary in accordance with the statutory requirements.

(3.) THE Appeal No.55/12 is filed by a neighbour of the petitioner, who complains that the license had been issued without complying the procedure prescribed under Section 233 of the Panchayath Raj Act. Of course, while granting the license by the Village Panchayath, the Panchayath has to obtain a report from the Secretary and the parameters specified therein are required to be complied with. Non-compliance of such requirements would definitely create a situation where there will be no restriction in the matter relating to grant of license. As far as respondents 3 to 8 are concerned, they are neighbours in the locality and according to them, painting and polishing activity undertaken in the furniture unit is causing severe pollution, as it is being done in an open space.