MALAYALAPUZHA GRAMA PANCHAYAT Vs. AJIKUMAR

JUDGEMENT

(1.) Heard Mr.K.shaj, learned counsel for the Appellants - Panchayat and Mr.S.Sreekumar, learned Senior Advocate for Respondent No.1 - Original Petitioner.

(2.) A perusal of the record proceedings would show that this is around the fourth round of litigation surrounding the permissions to be granted by the Appellant - Panchayat to the Respondent - Original Petitioner for conducting quarrying operations. In each successive round, grounds taken by the Appellant-Panchayat have either been negatived, or the matter has been remanded for reconsideration. Ultimately, the last round has resulted in Ext.P16 document, where three grounds have been taken for rejection, which reads thus:

(3.) Therefore, the main ground that the Appellant urges - Panchayat is the necessity for the Respondent - Original Petitioner to apply under Sec. 233 of the Kerala Panchayat Raj Act, 1994 (the Act) which mandates that permission of Panchayat is required for the industrial construction of any factory, workshop or workplace which proposes to employ mechanical, electrical and other types of power. According to the Respondent-Petitioner, portable drilling machines are exempted under Sec. 233B(d) of the Act, and since the Petitioner intends to employ only portable drilling machines, there is no need to apply for permission under Sec. 233 of the Act.