1. The petitioner is challenging Ext.P17 letter issued by the Secretary of the 2nd respondent Panchayat, intimating about the decision refusing permission for establishment of Granite quarry, for which the petitioner had submitted application on 20.01.2014. Inter alia, the petitioner seeks declaration that he is entitled for a 'deemed permit' under Rule 12(3)(c) of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (hereinafter referred as the Rules).

2. Contention of the petitioner is that, for the establishment of the quarry in question, he had obtained all requisite clearances/No-Objection Certificates from various authorities. Hence the decision of the 2nd respondent Panchayat in refusing permission for the reason that the functioning of the quarry will affect life and property of persons residing in the locality and will affect ecological and environmental situation, is absolutely illegal and erroneous. It is noticed that, against the decision taken by the 2nd respondent Panchayat, the petitioner has got an effective remedy of appeal before the Tribunal for Local Self Government institutions. Hence this writ petition filed without exhausting such statutory remedy cannot be entertained.

3. Another contention raised is regarding deemed licence. Rule 12 prescribes the procedure for submission of application for establishment of any factory, workshop or workplace wherein it is proposed to use steam power, water power or any other mechanical power or electricity or for installation of any machinery or manufacturing plant on any land, operated by steam power, water power or other power. Sub Rule (3) deals with the procedure for consideration of the application. It provides that the Village Panchayat shall, as soon as may be after receipt of the application, within 45 days in the case of obtaining No Objection Certificate from other agencies and within 30 days in other cases, either grant or refuse permission. Rule 12(3)(c) provides that where the application is not disposed of within the specified time, the licence shall be deemed to be issued. Contention of the petitioner is that, the impugned decision was taken by the 2nd respondent Panchayat only on 14.03.2014, i.e. after 45 days of submission of the application. Therefore the petitioner is entitled to establish the quarry on the basis of the deemed permission.

4. Question arises as to whether the Panchayat is entitled to consider and to take a decision on the application for establishment, after the expiry of the period stipulated under the above said Rule. Learned counsel appearing for the 2nd respondent Panchayat had pointed out that the impugned decision was taken within a period of 60 days from the date of submission of the application, which is the period stipulated under Section 233 of the Kerela Panchayat Raj Act, 1994. Section 233 deals with the permission for construction of factories and installation of machinery. It stipulates that no person shall construct or establish any factory, workshop or workplace or install any machinery or manufacturing plant in any premises where it is proposed to employ steam power, water power or other mechanical power, without permission of the Village Panchayat and except in accordance with the conditions stipulated in such permission. Sub Section 3 of Section 233 provides that the Secretary of the Grama Panchayat shall submit report to the Village Panchayat after conducting an enquiry, as soon as may be after receipt of the application. The report should mention as to whether the permission applied for is objectionable by reason of density of population in the neighbourhood and the possibility of nuisance and pollution. The Village Panchayat should take a decision, either granting or refusing the permission, considering the application and the reports of the Secretary and also the report of such other authorities as specified, as expeditiously as possible, at any rate w