K T MUHAMMED Vs. KURUMANNIL MELEMANNIL ABDHULSALAM HAJI

JUDGEMENT

(1.) The petitioners are residents of Ward No. VII of the Kavannoor Panchayat. They have filed this original petition challenging the order of the Deputy Director of Panchayat, Ext. P7, confirmed by the Government, Ext. P8 and for a declaration that decision No. 1 dated 28-12-1996 taken by the 2nd respondent not to grant licence to the 1st respondent to set up a fertilizer factory at Ward No. VII of the Kavanoor Panchayat as perfectly legal and valid, and for a declaration that the second respondent is not bound to issue a licence to set up a factory as soon as no objection certificates are obtained from the District Medical Officer and the Kerala State Pollution Control Board and for quashing Ext. P4 order issued by the Government.

(2.) The bare facts necessary for the disposal of the original petition is as follows :

(3.) The main contention of the learned counsel for the petitioner is that subsequent to the order of the Deputy Director to reconsider the decision, the Panchayat constituted Grama Sabha under S.3 of the Kerala Panchayat Raj Act and based on the recommendations the Panchayat has rightly decided not to give the licence to start the factory. According to him, the Panchayat is entitled to take a decision as per the decision of this Court in Manjapra Grama Panchayat v. State of Kerala 1996 (2) KLT 719 , wherein this Court held that the Panchayat is entitled to take an independent decision as to whether by setting up a factory unit within its area, it would affect the people of the locality. There is no dispute as to the right of the Panchayat to take an independent decision. The decision is not final under the Act. The said decision is subject to appeal and further revision under S.276 of the Kerala Panchayat Raj Act which means that the appellate authority is entitled to revise and set aside the order of the Panchayat and issue such order in reference there to as they think fit.