Local bodies can’t impose illegal conditions, rules HC

Kochi:

Local bodies

cannot incorporate conditions not allowed as per rules on a business’ licence on the basis of unsubstantiated allegations by

local residents

, the

high court

has said.

Justice Devan Ramachandran ruled against imposing conditions not allowed as per rules while considering a petition by Brandstorm Events Management of Kochi through advocate S Nikhil Sankar.

Maneed grama panchayat had imposed a condition in the licence granted to the company’s godown within its limits that it should not be operated between 6pm and 6am. Petitioner’s counsel contended that the condition was imposed on the licence after the local residents forced the company to sign an agreement during a ‘mediation’ by two councilors that the godown won’t be operated during these hours. These are against the procedure and provisions of Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship Activities and Other Services) Rules, the counsel argued while pointing out that a division had held (in Anilkumar MK and Others vs Aiswarya Rice Mill and Others, 2015) that such restrictions are illegal.

The court pointed out that the division bench’s decision was that local body cannot impose any restriction on the basis of opposition by local residents without a report affirming it by the pollution control board.

Further, the court said the course adopted by Maneed panchayat does not augur to the statutory systems. If complaints of citizens are dealt with in this manner, there would be no requirement for elaborate provisions in the Kerala Panchayat Raj Act, the court said.