V P MOHD KUTTY Vs. T KUNHIKOYA HAJI

JUDGEMENT

(1.) These original petitions are filed under Art.226 of the Constitution of India challenging the permit issued by the common second respondent, District Collector, Malappuram in favour of the common first respondent for starting a new rice mill in Sy. No. 25/4 of Kuruva village under S.5 of the Rice Milling Industry (Regulation) Act, 1958 (for short 'the Act') and the Govt. letter or order No. 10522 dated 22-9-1983 which led to the grant of the permit and consequential reliefs. The common respondents 3 and 4 are the District Supply Officer of the District and the Kuruva Panchayat. State of Kerala has been impleaded as additional fifth respondent in O.P. 710 of 1984.

(2.) Facts of the case can be summarised as follows:

(3.) The main contentions urged by petitioners in the two original petitions is that the District Collector as the statutory authority had once exercised his power by rejecting the application of the first respondent and was thereafter compelled to grant a permit on the insistence of the Government, another statutory authority, and this was illegal.