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Abdulla M.P. v. Trippangottur Grama Panchayat

  • Order

Panchayat Raj Act, 1994 (Kerala) – Ss. 3, 3A & 233 – Powers, functions and rights of the Grama Sabha – Panchayat has taken a policy decision not to grant D&O Licence for new quarries Held, Any decision by the Grama Sabhas cannot affect the powers and functions of the licensing authorities under the Act including the power to issue a licence under Section 233. If Grama Panchayat or Secretary decides not to consider or process or to issue D&O Licence in exercise of the powers under the Act on the basis of resolutions passed or decision taken by Grama Sabhas, it would amount to abdication of power which is impermissible in law.

Citations : 2021 (4) KCC 111 : 2021 (4) KHC 550