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Issues:
1. Interpretation of Section 123 of the Kerala Panchayats Act, 1960 regarding the necessity of notice before filing a suit against a Panchayat. 2. Rejection of application for amendment of plaint to challenge a licence issued without statutory compliance. 3. Consideration of whether amending a suit for additional relief changes the nature of the suit under Section 123. Analysis: 1. The judgment revolves around the interpretation of Section 123 of the Kerala Panchayats Act, 1960, which mandates issuing a notice before bringing a suit against a Panchayat. The Plaintiff initially filed a suit seeking an injunction without issuing the statutory notice, as no notice was required for an injunction. However, when seeking to amend the plaint to challenge a licence issued without compliance, the Plaintiff issued the necessary notice. The court clarified that the notice requirement under Section 123 applies when amending the plaint to include additional prayers beyond injunction, ensuring compliance with statutory provisions. 2. The rejection of the application for amendment by the lower court was based on the belief that the Plaintiff should file a fresh suit after issuing notice and the statutory period's expiry. However, the High Court disagreed, emphasizing that the Plaintiff's compliance with the notice provision after realizing the need for additional prayers justified the amendment. The court highlighted that denying the amendment solely because the original suit sought only injunction would be unjustified, as the purpose of the notice requirement was fulfilled. 3. The court addressed the contention that amending the suit for additional relief would change its nature under Section 123. It was argued that allowing such amendments after issuing the required notice would defeat the section's purpose. However, the court rejected this argument, stating that the public policy behind the notice provision was to advance justice and avoid unnecessary litigation. Therefore, allowing the Plaintiff to amend the plaint after issuing the necessary notice aligned with the legislative intent of Section 123 and did not undermine its purpose. Conclusion: The High Court set aside the lower court's order, allowing the revision petition and permitting the Plaintiff to amend the plaint to challenge the licence issued without complying with statutory requirements. The court emphasized the importance of expediting the trial to ensure timely resolution of the matter, directing the lower court to complete the proceedings within six months due to the suit's age from 1985.
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