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2016 Supreme(Ker) 108

ASHOK BHUSHAN, A.M.SHAFFIQUE
V. SUDHAKARAN – Appellant
Versus
PALLICHAL GRAMA PANCHAYAT VEDIVACHANKOVIL – Respondent


Advocates Appeared:
For the Petitioner: SRI. BECHU KURIAN THOMAS (SR.), SRI. PAUL JACOB (P), SRI. ENOCH DAVID SIMON JOEL, SRI. S. SREEDEV, SRI. RONY JOSE, SRI. GEORGE A. CHERIAN.
For the Respondents: SRI. P.A. MOHAMMED SHAH (AMICUS CURIAE), SRI. T.K. ANANDA KRISHNAN, SC.

JUDGMENT :

Shaffique, J.

This writ petition has been referred to this Court by the learned Single Judge as per reference order dated 21/1/2016. Petitioner in the writ petition claimed to have a deemed licence for conducting quarrying operations in a property for which he was having quarrying lease. According to the petitioner, though he submitted an application for renewal of licence for conducting the quarry, the application was not disposed of within a period of thirty days as provided under Section 236(3) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the Act) and therefore, he was entitled for deemed licence. However, the Panchayat after the prescribed period of thirty days issued a communication to the petitioner rejecting his application for renewal of licence. According to the petitioner, the Panchayat had no jurisdiction to reject the application for renewal on account of the fact that the renewal application is deemed to have been allowed for the usual period of renewal, in terms of Section 236(3) of the Act. The petitioner also relied upon judgment of this Court in Rajesh Ramachandran v. Corporation of Trivandrum (2008 (3) KLT 419) wherein it is held that











































































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