Failure to communicate decisions within the statutory period results in the issuance of deemed licenses per the relevant legislation.

JUDGMENT

The above writ petition is filed with following prayers :

i. “Issue a writ in the nature of a declaration declaring that Petitioner has obtained a deemed trade license Section 236 (3) of Panchayat Raj Act with effect from 01.02.2026 for operating the quarry.

ii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd Respondent to issue the deemed trade license in physical form to the Petitioner as expeditiously as possible, at any rate, within a period of 10 days.

iii. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.

iv. Issue such other appropriate order or direction dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.” [sic]

2. On the basis of a letter of intent, the petitioner obtained all statutory licenses/permits from all statutory authorities to start a granite building stone quarry except a trade license from the Panchayat is the submission. The petitioner submitted application before the 2^nd respondent on 19.11.205 is the further submission. On 25.11.2025, the petitioner was issued with a letter directing him to produce certain documents. It is submitted that the documents sought for were furnished on 02.01.2026. The contention of the petitioner is that for a period of 30 days thereafter, no communication whatsoever was issued by the 2^nd respondent on the application. Therefore, the petitioner is entitled deemed license with effect from 01.02.2026.

Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Panchayat.

4. The counsel for the petitioner reiterated the contentions raised in this writ petition. The Standing Counsel submitted that the petitioner was informed by a letter dated 31.01.2026 that the matter was placed before the Panchayat committee and the Panchayat committee formed a sub committee to look into the same. The Standing Counsel also takes me through Ext.R1(b), the Despatch register in which it is stated that such a letter is despatched on 31.01.2026. The counsel for the petitioner submitted that he has not received any such communication. He relied the judgment of this Court in Jalaludeen K. v. Veliyam Grama Panchayat [2024 KHC

1108].

5. This Court considered the contentions of the petitioner and the Panchayat. It is an admitted fact that the petitioner submitted the application for license on 19.11.2025. It is also an admitted fact that the Panchayat issued a letter to the petitioner for producing certain additional documents on 25.11.2025. It is also an admitted fact that the same was produced by the petitioner on 02.01.2026. Therefore, if no communication of orders are passed by the Panchayat within 30 days thereafter, the petitioner is entitled deemed license in the light of Sec. 236(3) of the Kerala Panchayat Raj Act . The Panchayat relied Ext.R1(a) which is dated 31.01.2026 and Ext.R1(b), the entry in the Despatch register. But, this Court in Jalaludeen's case (supra) considered a similar situation. It will be better to extract the relevant portion of the above judgment.

12. “This Court in B.B.P.Properties (P) Ltd. v. Chengamanadu Grama Panchayat [2010 (1) KLT 306] , interpreting Rule 3 of the Service of Notices Rules, held that, when notices which have a bearing on the rights of the parties, the same has to be served by registered post. Paragraph 8 of the judgment reads as follows: “

“8. Sub rule 1 of Rule 3 gets classified into four clauses. Initially, In Clause (a), it provides for service of notice or sending of notice to the person to whom it is addres