The Kerala High Court has held that an appeal or revision petition against the decision of a panchayat committee in matters relating to the grant of licences for trades, factories, markets and other establishments can be filed only before the tribunal for local self-government instructions and not before the government.
Justice Gopinath P. made the ruling while passing an order on a writ petition filed by Suresh Kumar against the government order staying the decision of the Aryanad grama panchayat committee to cancel the permit granted by its secretary to Adani Vizhinjam Port Private Limited to set up a stone (granite) quarry in certain government lands within the panchayat. The petitioner contend that the remedy of the company against the decision of the panchayat committee was to file an appeal/revision before the tribunal under section 276 of the Act and the application before the government under Section 191 of the Act was not maintainable.
The court observed that in the light of the provisions contained in sub-section (3) of Section 191 of the 1994 Act, it must be held that the company could not have filed any application against the decision of the panchayat committee before the State government. Section 191(3) said that the government will not consider a petition to cancel or amend a panchayat decision or resolution if the petitioner has another remedy. The decision of the panchayat on a matter relating to the grant of licences for trades, factories, markets and other establishments falls within the provisions of Section 276(5)(b) of the 1994 Act as per section 276(5)(b) of the Kerala Panchayat Raj Act.
The court asked the company to move a revision petition before the tribunal under section 276 of the Act.
Published – October 13, 2024 07:55 pm IST