The High Court of Kerala, in E.A. Usman v. Mazhuvannur Grama Panchayat [2026:KER:17631], has clarified the procedural formalities to be followed by the Grama Panchayat Secretary when imposing penalties for the discharge of waste water into public spaces.
Procedural Steps to be followed
The Court observed that while the Secretary is empowered to penalize individuals or organizations under Sections 219A to 219X of the Kerala Panchayat Raj Act, strict adherence to the procedure prescribed in the Kerala Panchayat Raj Act, 1994 is mandatory.
- Notice Requirement: Except for the specific penalties mentioned under Sections 219 I and 219 X, the Secretary cannot impose a fine without first serving a written notice.
- Contents of the Notice: The notice must explicitly state the grounds for the proposed penalty.
- Right to be Heard: The person must be given an opportunity of being heard within a reasonable timeframe, as specified in the notice.
The Mandatory Nature of Section 219
The Court emphasized that under Section 219, the conduct of a hearing is not discretionary but absolutely mandatory. Any penalty imposed in violation of this procedural safeguard is liable to be set aside as an arbitrary exercise of power.
