SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Ker) 427

HRISHIKESH ROY, C.K.ABDUL REHIM
Koottikkal Grama Panchyat – Appellant
Versus
Vazhathara Granites and Aggregates Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Georgekutty Mathew & Johnson Mathew, Adv.
For the Respondent:Bechu Kurian Thomas (Sr. Advocate) & Rony Jose, Adv.

JUDGMENT

Hrishikesh Roy, J.

The respondents 1 and 2 in the writ proceedings are the appellants before us and challenge is against the judgment dated 21.3.2018 in W.P.(C). No.13841 of 2018. The respondent/writ petitioner approached the court to challenge the Ext.P7, whereby a stop memo was issued to the quarry operator on the ground that his application for renewal for licence for the year 2018-19, was rejected by the Committee.

2. The learned Judge noted that the lease in question is in operation since 9.10.2008 and the renewal application was filed by the operator on 27.2.2018 (Ext.P3). The application was required to be considered and a decision thereon was to be communicated within 30 days, under the provisions of the Kerala Panchayat Raj Act, 1994 and it was stipulated in sub-section (3) of S.236 thereof that if the authorities fail to communicate their decision to the applicant within 30 days, the application shall be deemed to be allowed, for the relevant period.

3. It can be seen from the Ext.P5 that the Panchayat Secretary issued the communication on 28.3.2018, where the negative decision of the Panchayat Committee, stated to have been taken on 28.3.2018, has been referred to.






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top