BEENA BENCY Vs. NIRANAM GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner is running a hollow bricks unit within the Niranam Grama Panchayat in Building No.4/105B in Pathanamthitta District. The petitioner alleges that the unit was started after obtaining consent from the neighbours and all requisite licenses from the Panchayat. The Kerala State Pollution Control Board, the Inspector of Factories and Boilers and the Industries Department have also issued the necessary consent and other letters enabling the petitioner to run the unit; it is alleged.

(2.) According to the petitioner, when the license granted by the first respondent Panchayat expired due to some unfounded objections levelled by somebody, the first respondent Panchayat refused to renew the license. The Secretary declined the license by order dated 4.3.2014. Since the order has been issued by the Panchayat as the Panchayat alone has powers to grant or decline a license, the Tribunal for Local Self Government Institutions was moved which stayed the order for a short while. The Panchayat filed an objection taking the ground that the application is not maintainable before the Tribunal since there is a provision for appeal to the Panchayat against the refusal to grant license by the Secretary. Taking the view that the Tribunal has no jurisdiction, the appeal was rejected on the ground of lack of jurisdiction. Licenses are granted by the Panchayat under Section 232 of the Kerala Panchayat Raj Act. The petitioner points out that since the grant of license is within the power of the Panchayat, renewal is also within the powers of the Panchayat. The Secretary on his own accord, therefore, has no authority to pass orders. It is with this background the petitioner has come up before this Court.

(3.) In the counter affidavit filed by the first respondent, it was contended as follows: