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Wednesday, Apr 07, 2004

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Perumatty panchayat files writ plea against Government decision

By Our Staff Reporter

KOCHI, APRIL 6. The Perumatty grama panchayat today filed a writ petition before the Kerala High Court challenging the Government action in staying the panchayat's order refusing to renew the licence of the Coca-Cola plant in the local body and seeking a direction to the company not to resume operations.

In the petition, the panchayat president, A. Krishnan, contended that the order was beyond the powers conferred on the Government. Under Chapter 21 A of the Kerala Panchayat Raj Act, the panchayat was given ample powers to suspend a licence, impose conditions and not to renew a licence if the panchayat felt that it was not in public interest. The Government had passed the order even without hearing the panchayat. In fact, the company should have sought the remedy provided under the Kerala Pachayat Raj Act instead of indirectly approaching the Government. The order had been passed without any application of mind. The Government had not considered the fact that the Pollution Control Board had already declined it permission to run the factory. The question whether the licence should be renewed or not was a matter coming under the panchayat. The petition sought to quash the Government order issued on April 1. The panchayat also pleaded that the Government be restrained from interfering with the exercise of constitutional and statutory power by the panchayat.

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