Court : Kerala
Decided on : Jul-02-2001
Reported in : AIR2002Ker65
Kurian Joseph, J.1. The history of the case unfolds the pathetic plight of a young enterprising entrepreneur who has been languishing for half a decade, hoping to get a licence from the Panchayat for setting up an industrial unit. What is the scope-rather limitation of the power vested in a Panchayat/its President in the matter of granting permission and issuing licence to set up and conduct an industry? Once that is clearly understood by all, the petitioner and many other unfortunate entrepreneurs can smoothly get through the initial hurdles in their venture.2. Under the Kerala Panchayat Raj Act, 1994 and the Rules framed thereunder it is the Panchayat which has to issue a licence for setting up an industrial unit. Certain guidelines are also prescribed in the matter. It is profitable to refer to S. 232 and sub-s. (1) of S. 233 of the Act which read as follows:'232. Purpose for which places may not be used without a licence.-(1) The village panchayat may notify that no place in the Pa...
Tag this Judgment!Court : Kerala
Decided on : Jul-10-2001
Reported in : 2001CriLJ4448
ORDERM R. Hariharan Nair, J.1. The revision petitioners in these 26 cases are all accused in the connected cases pending trial before the Enquiry Commissioner and Special Judge, Kozhikode. Of these, 12 revisions are by a contractor and 14 are filed by Engineers. An FIR was filed against them on 30-9-1985 reporting that the latter, while working as Engineers of various rank for works in the Attappady Valley Irrigation Project, Agali, during the period from 24-7-1978 to 9-11-1981, they committed criminal misconduct by abusing their official positions in the matter implementing a criminal conspiracy with the contractors aforementioned by placing four supply orders dated 17-11-80, 18-12-80, 19-2-81 and 3-2-81 for 95 numbers of 200mm Sluice valves in favour of M/s. Indira Engineering Corporation, Coimbatore, of which one of the accused is the Managing Partner causing loss of crores of rupees to the Government exchequer. After investigation, 13 charge sheets were filed on 10-3-1989 alleging ...
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