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 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 31ST DAY OF JULY    2012

                        BEFORE

     THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

        WRIT PETITION NO 18046 OF 2012 (LB-RES)

BETWEEN

KUKKEHALLI GRAMA PANCHAYAT
KUKKEHALLI,UDUPI TALUK & DISTRICT
REP.BY ITS ADHYAKSHA
SMT.GIRIJA MARAKALTI, W/O GANESH SHRIYAN
AGED ABOUT 58 YEARS,
R/AT KUKKEHALLI VILLAGE
UDUPI TALUK & DISTRICT
                                        ... PETITIONER

(By Sri.: VIGHNESHWAR S SHASTRI, ADV. )

AND

1.    EXECUTIVE OFFICER
      TALUK PANCHAYATH
      UDUPI TALUK & DISTRICT

2.    PANCHAYATH DEVELOPMENT OFFICER
      KUKKEHALLI G.P.
      KUKKEPHALLI
      UDUPI TALUK & DISTRICT

3.    KOHINOOR INDUSTRIES
      BELLAMPALLI VILLAGE
      KUKKIKATTE VILLAGE,
                           2

    UDUPI TALUK & DISTRICT
    REPTD. BY ITS PROPRIETOR
    SRI.MANOHARA KUMAR
    S/O JABBA POOJARI
                                       ... RESPONDENTS

(By M/S S A PARTNERS, ADV. FOR C/R3)

     THIS W.P. FILED PRAYING TO THIS WRIT PETITION IS
FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 11.5.2012 PASSED BY RESPONDENT NO.1 IN APPEAL
NO.1/2012-13 AS PER ANNEXURE-J

      THIS PETITION IS COMING ON FOR PRL.HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                     ORDER

Petitioner-Grama Panchayat permitted the 3rd respondent-Industry to establish a factory for deep freezing of fishes meant for export. That licence issued under Section 66 of the Karnataka Panchayat Raj Act, 1993, for short the 'Act' was sought to be annulled by a resolution of the petitioner-Grama Panchayat, followed by a show cause notice dt. 3.5.2012 Annexure-F, called in question in an 3 appeal under Subsection (3) of Section 70 of the Act, before the Executive Officer of the Taluka Panchayat, who, by order dt. 11.5.2012 Annexure-J set aside the show cause notice and directed issue of a trade licence under Section 66 of the Act. Hence this petition.

2. Learned counsel for the petitioner submits that the compulsion to the issue show cause notice Annexure-F was due to complaints by a section of residents of the Grama Panchayat of leading offensive odour emanating from the factory premises. Regard being had to the fact that the 3rd respondent had obtained consent from the Pollution Control Board under Air (Prevention and Control of Pollution) Act, 1981, and the fact that Section 66 empowers the Grama Panchayat to issue a license for such factories, no exception can be taken to the order Annexure-J of 4 the Executive Officer. It is needless to state that if there is breach of terms of license or violation of the provisions of the statute, the Grama Panchayat would have every reason to take action in the matter of cancellation of the trade licence and not otherwise.

Petition is accordingly rejected.

Sd/-

JUDGE ln.