Panchayat:Repo18/Law Manual Page0309

309

'KERALA PANCHAYAT RAJ ACT ,1994'

Sec.232

dependent on any decision to be rendered on the basis of any other statute. Hence, while processing applications, Panchayat Authorities cannot insist on environmental clearance and they are only bound to act with provisions of Panchayat Raj Act and Rules. Nagaroor Grama Panchayath, Tvm. v. Vijayakumar V. and Others – 2016 (3) KHC 602 : 2016 (3) KLT 82.

Deemed licence - Grant of - There is no ambiguity in the Section, which entitles the applicant for a deemed licence. A deemed licence comes into existence if orders in an application for licence or permission is not communicated to the applicant within thirty days. An application for renewal of a licence is akin to an application for licence as well. In this case it was also contented that the application submitted by the petitioner was not an application submitted in accordance with law. It was argued that as per the statutory provision, an application for renewal has to be submitted thirty days prior to the date on which the licence / permit expires. Petitioner has submitted the application only a few days prior to the date of expiry of the said period of licence. In the light of the fact that an additional fee can be charged for any delay in submission of an application for renewal of licence, there is no illegality in submitting the application at a later date. At any rate, as far as the Panchayat is concerned, they have an obligation to consider the application and to communicate the decision to the applicant within thirty days from the date of application. At best, it could be said that during the intervening period from the date of expiry of the licence, the applicant is not armed with any licence to operate the unit, but that does not mean that the Panchayat can pass orders after the expiry of the statutory period, by which time the deemed licence comes into effect. Sudhakaran V. v. Pallichal Grama Panchayat and Another - Citation : 2016 (2) KHC 481 : 2016 (2) KLT 175. [2008 (3) KHC 175: - 2015 (1) KHC 794 : - 1995 KHC 760 1998 KHC 2188 : - 1954 KHC 426: - 2015 KHC 2401: - 2014 (4) KHC 174: - 1959 KHC 543: - 2005 KHC 503 : - 2011 (1) KHC 618 - Referred to). [The case law pertains to S.447 of the Kerala Municipality Act, 1994. The identical provision applicable to the Kerala Panchayat Raj Act, 1994 is S.232].

When a legal fiction is created for providing a deemed licence for enabling the applicants to have a deemed licence, the question of granting a licence in physical form may not arise. However, in respect of an industrial unit which may require other permissions/licences from various statutory authorities and credit facilities from Bank etc., on the request of the applicant, the Secretary will have to certify whether they are operating the unit with a deemed licence or not. Even in the absence of a licence in the prescribed format, on the request of the applicants, the Secretary of the Panchayat may have to issue appropriate certificate to enable the applicant to utilise the same for other statutory permissions / licences and even to produce the same before the financial institutions for availing necessary credit facilities. - Sudhakaran V. v. Pallichal Grama Panchayat and Another - Citation : 2016 (2) KHC 481 : 2016 (2) KLT 175. 2008 (3) KHC 175: - 2015 (1) KHC 794: - 1995 KHC 760 : - 1997 KHC 677: - 1998 KHC 2188 : - 1954 KHC 426: - 2015 KHC 2401 : - 2014 (4) KHC 174: - 1959 KHC 543: - 2005 KHC 503 : - 2011 (1) KHC 618 - Referred to). [The case law pertains to S.447 of the Kerala Municipality Act, 1994. The identical provision applicable to the Kerala Panchayat Raj Act, 1994 is S.232).

Sale of beer and liquor at the Executive Lounge of International Airport - Whether NOC of Municipality is necessary - Held, Executive Lounge can be called neither a hotel nor a bar so as to term it an Abkari shop - Hence, there is no requirement to obtain NOC from the Local Authority. - Subash Soman v. State of Kerala and Others - 2016 (2) KHC 434 : 2016 (2) KLT 521 : 2016 (2) KLJ 392. [Municipal Commissioner of Dum Dum Municipality v. Indian Tourism Development Corporation, 1995 KHC 1320; Referred to). [The case law pertains to S.447 of the Kerala Municipality Act, 1994. The identical provision applicable to the Kerala Panchayat Raj Act, 1994 is S.232).

SA In Seaport Hotels Cochin (P) Ltd v. Elamkunnapuzha Grama Panchayat, the entitlemement of the petitioners for the grant of FL-3 licence in the light of the Rules that prevailed on the consideration of its application dt. 29-2-2012 was recognised. Sec. 232(2) of the Kerala Panchayat Raj Act which insists on previous permission in writing of the Village Panchayal to locate an abkari shop within its area came into effect on 25-11-2012. The said provision has no application in the instant case for grant of FL-11 licence (by conversion of FL-3 licence) as per the abkari policy introduced w.e.f. 22-82014. – 2016 (1) KHC 820 : 2016 (1) KLT 645 : 2016 (1) KLJ 646.

In Anilkumar M. K. and Others v. Aiswarya Rice Mill and Others, the Inspector of Factories and Boilers as well as Pollution Control Board granted permission for operating a rice mill unit for 24 hours, Later, the Panchayat restricted the operation between 8 a.m. to 6 p.m. The question arose was whether it was proper on the part of the Panchayat to do so. It was held that, merely for the reason that certain persons in the locality had objected to functioning of the unit, by itself, should not be a reason for Panchayat to restrict the unit from functioning day and night. Panchayat has to verify whether the unit causes any sound pollution during night hours so that appropriate measures could be taken to abate the nuisance. Anilkumar M. K. and Others v. Aiswarya Rice Mill and Others – 2015 (5) KHC 891: 2015 (4) KLT SN 175.

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