IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32943 of 2008(V) -------------------------- PETITIONER(S): --------------- V.K.SOMAN, S/O.KUMARAN, VATTAMKUZHIYIL HOUSE, MULAMKULATH NORTH, PIRAVOM P.O. ERNAKULAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): -------------------- PIRAVOM GRAMA PANCHAYATH, PIRAVOM P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.32943 OF 2008 ---------------------------------------- Dated this the 7th day of November, 2008 JUDGMENT When it was pointed out to the learned counsel for the petitioner that against Ext.P4 order, which is the impugned order in this writ petition, an appeal lies, the learned counsel for the petitioner would argue that the appeal would lie only on grant of licence and not against an order rejecting the licence under Section 276(5) of the Kerala Panchayat Raj Act. I am unable to agree with the learned counsel for the petitioner. Section 276 (5) of the Act reads thus: “(5) An appeal on any notice issued, order passed, or action taken by the Panchayat or a revision on a decision taken by the Panchayat or Standing Committee on any appeal shall lie to the Tribunal Constituted under Section 271 S, provided that such appeal or revision shall be confined only on the following subjects and relating to other subjects as may be prescribed for the purpose, namely:- a) Assessment, demand and collection of taxes or fees or cess; b) Grant of permission and licences for trades, factories, markets and other establishments.” W.P.(c)No.32943/2008 2 The grant of permission or licence is the subject against orders on which an appeal would lie. That can either be against grant of licence or against rejection of application for licence. I am of opinion that against Ext.P4 order, an appeal would lie under Section 276 (5) read with the Rules. In the above circumstances, without prejudice to the right of the petitioner to challenge Ext.P4 order in an appeal as provided under the Kerala Panchayat Raj Act, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.32943/2008 3