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2018 Supreme(Ker) 778

K.VINOD CHANDRAN, A.MUHAMED MUSTAQUE, ASHOK MENON
Abdul Kharim – Appellant
Versus
Pazhayakunummel Grama Panchayath – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.B. Arunkumar, Ranjit Babu, S. Rekha

ORDER :

A. Muhamed Mustaque, J.

This Writ Appeal is referred to the Full Bench by a Division Bench doubting the correctness of the judgment of a Division Bench in Sudhakaran v. Pallichal Grama Panchayat, 2016 (2) KLT 175.

2. The matter raises a point of construction of provisions related to deemed licence under S.236(3) of the Kerala Panchayat Raj Act, 1994, (hereafter referred to as the Act, for short).

3. The appellants before the Division Bench are the petitioners in the Writ Petition. They submitted an application for building permit on 07.02.2018. The Panchayath noted certain defects in the application and returned the application on 12.02.2018. The resubmitted application was again returned before the expiry of 30 days. However, no order was passed within 30 days on the application.

4. The petitioners approached this Court seeking a writ of mandamus directing the Secretary of the Panchayath to issue building permit based on the ‘deemed permit’ under S.236(3) of the Act. According to the petitioners, the Panchayath having failed to disapprove the building permit within a period of 30 days of submitting an application, a deemed permit would come into existence on expiry of such 30 d
















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