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2020 Supreme(Online)(KER) 45614

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
THADIKKARAN CRUSHER METALS – Appellant
Versus
THE SECRETARY, VENGOOR GRAMA PANCHAYAT – Respondent


Advocates:
SRI.PHILIP J.VETTICKATTU

JUDGMENT

The case set up in this Writ Petition (Civil) is as follows:

The petitioner is a grantee of quarrying permit, which is valid upto

15.09.2020 (Ext.P-1). The petitioner is also having the Enviornmental Clearance, consent to operate from the Pollution Control Board, Explosive License and license issued by the Secretary to the Grama Panchayat (Exts.P-2 to P-7). The petitioner had submitted application (Ext.P-15) for renewal of Panchayat license as early as on 07.02.2020. The respondent had not notified any defect with respect to the application. The petitioner was not issued with any intimation notifying that the said application is either rejected/returned/dismissed within 30 days from the date of submission of the application. In such circumstances, the application for renewal of license has been crystalized into a deemed license by operation of law as contemplated under Sec.236(3) of the Kerala Panchayat Raj Act , 1994. Further in view of Rule 10 of the Kerala Panchayat Raj (issue of License to Factories, Trades, Entrepreneurship Activities and Other Services) Rules, 1996, it is mandatory to the Secretary of the Panchayat to renew an existing license. The petitioner was havin

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