Plaintiff in O.S.342/85 and petitioner in LA. 2314/88 is the revision petitioner. O.S.342/85 was originally filed with a prayer to restrain the 1st defendant by means of permanent prohibitory injunction from issuing licence to the 2nd defendant for running a rice and flour mill in the plaint schedule property and also to restrain the 2nd defendant from constructing, establishing or functioning a rice or flour mill in the plaint schedule property without obtaining statutory licence.

2. 1st defendant, who is the Executive Officer of the Panchayat submitted before the court that licence has already been issued to the 2nd defendant even before the suit was filed. The plaintiff then filed I. A. 878/86 praying for amendment of the plaint so as to include a prayer for declaration that the licence, if any, issued by-the first defendant-Panchayat was without compliance with the statutory requirement and therefore illegal and invalid and that the 2nd defendant was not entitled to function the mill on the basis of the licence thus issued. The above LA. was dismissed by the trial court on the ground that no statutory notice as contemplated by the Kerala- Panchayat Act was. issued by