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2015 Supreme(Ker) 92

DAMA SESHADRI NAIDU
Siyad Hassan – Appellant
Versus
Marady Grama Panchayat Ernakulam represented by its Secretary – Respondent


Advocates appeared:
For the Petitioner:Babu Joseph Kuruvathazha, P.T. Abhilash, Advocates.
For the Respondents:R1, K. Jaju Babu, Sr. Advocate, M.U. Vijayalakshmi, R2, T. Rajesh, Advocates.

Judgment :-

1. The petitioner, the Managing Partner of Ms. Superior Wires, Muvattupuzha, being desirous of establishing an industry of winding wires, applied to the first respondent, through Ext.P2, for the necessary permit in terms of Section 233 of the Kerala Panchayath Raj Act, 1994 (for short 'the Act) and Rule 5 of the Kerala Panchayath Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (for short “the Rules'). In fact, the Grama Panchayath on 25.06.2014 issued Ext.P1(a) building permit to raise necessary structures for the purpose of establishing the industry. The petitioner is said to have secured Ext.P3 NOC from the Pollution Control Board on 08.05.2014, apart from securing Exts.P4 and P4 (a) NOCs from the Health Department and Fire and Rescue Services respectively.

2. Since the respondent Grama Panchayath has neither issued any licence in response to Ext.P2 application, nor has it expressly rejected the said application, the petitioner, taking advantage of Section 236 (3) of the Kerala Panchayath Raj Act — the deemed provision — went ahead establishing the industry. In course of time, notwithstanding the deemed licence in terms of Section 236















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