SECRETARY, KARUKUTTY GRAMA PANCHAYAT Vs. DEEPAK CHEEROTHY

JUDGEMENT

(1.) In this Appeal, the Village Panchayat challenges the judgment of the learned Single Judge interfering with the resolution passed by the Village Panchayat cancelling a permission granted under Sec. 233 and 232 of the Kerala Panchayat Raj Act, 1994 (for short 'the Act'). The learned Single Judge found that absolutely no reasons had been mentioned for cancellation of the permission granted by the Village Panchayat Committee under Sec. 233 of the Act as well as by the Panchayat Secretary under Sec. 232 of the Act.

(2.) The Writ Petitioner, who is the respondent herein, proposed to establish a quarry within the Panchayat. He approached the Panchayat seeking permission for construction of factories and installation of machineries under Sec. 233 of the Act. Sec. 233 of the Act mandates that no person shall, without the permission of the Village Panchayat and except in accordance with the conditions specified in such permission shall construct or establish any factory, workshop or erect machineries, etc. It delineates a certain procedure for granting permission. It is on being satisfied with procedures referred to therein; permission will have to be granted. In this case, permission was granted to the respondent. Based on this permission, the Secretary also issued D & O licence under Sec. 232 of the Act. Thereafter, the Panchayat received complaints from local residents and some of the representatives of the local body. Acting on these complaints, the Panchayat Committee through a resolution dtd. 17/8/2024 decided to cancel the permission granted. This has resulted in a challenge.

(3.) According to the Panchayat, under Rule 11 of the Kerala Panchayat Raj (Procedure for Panchayat meeting) Rules, 1995 (for short 'the Rules'), the Panchayat is vested with the power to cancel or modify the resolution. Therefore, there is no restriction under the law for the Village Panchayat to revoke permission granted under Sec. 233 of the Act. The question is whether the Panchayat has the power to cancel a permission granted under Sec. 233 by invoking Rule 11 of the Rules .