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