Panchayat Raj Act 1994

Malayoram Rock Products v. Vanimel Grama Panchayat

  • Order

Panchayat Raj Act, 1994 (Kerala) – Section 233 (3) – By virtue of the amendments the Village Panchayats do not enjoy any primacy of their power to refuse the application seeking permission for construction or establishment of any factory, workshop for workplace on and from the date of enforcement of the amendments. 2021 (4) KCC 129 : 2021 (4) KHC 398

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

Elezabeth v. Thuravoor Grama Panchayath

  • Order

Panchayat Raj Act, 1994 (Kerala) – Section 243 – Local Fund Audit Act, 1994 (Kerala) – Local Fund Audit Rules, 1996 (Kerala) – Excess payment made to the Conveners of the beneficiary committees – No recovery could be initiated after the expiry of a period of 3 years from the effective date. 2021 (4) KCC 108 : 2021 (4) KHC 365

Niranjana Prakash v. Ministry of Education

  • Order

Panchayat Raj Act, 1994 (Kerala) – School Admission – ‘Rural Certificate’ – As long as the area where the school is situated is part of a Panchayat and is notified as such under the Kerala Panchayat Raj Act, the candidate is entitled to a ‘Rural Certificate’ without relying on the Census data. 2021 (4) KCC 93 : 2021 (4) KHC 395 : 2021 (4) KLT 591

Court on its Motion v. State of Kerala

  • Order

Panchayat Raj Act, 1994 (Kerala) – Merely because the roads have become vested with the Panchayat, consequent to the provisions of the Act, 1994, that will not take away the responsibility, duty and the obligation of the State Government to protect the welfare, and the life and liberty of the people of the State in accordance with the guarantee extended under article 21 of the constitution of India. 2021 (4) KCC 183