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2026 Supreme(Online)(Ker) 30174

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
M.P Abdulla – Appellant
Versus
Secretary, Office Of The Triprangottur Grama Panchayat – Respondent
WP(C) NO. 11523 OF 2026

Advocates:
For the Appellants/Petitioners: Philip J.Vettickattu, Neenu Bernath, Saju S. Dominic, Manu Santhosh

A failure by the licensing authority to pass orders on a renewal application within the statutory 30-day period results in the crystallization of a deemed license under Section 236(3) of the Kerala Panchayat Raj Act, 1994.

Headnote:The petitioner filed a writ petition seeking a declaration that their application for the renewal of a license had crystallized into a deemed license by operation of law under Section 236(3) of the Kerala Panchayat Raj Act, 1994, after the respondent failed to pass orders within 30 days. The court, in an interim order, directed the respondent to issue the license, noting the petitioner was prima facie entitled to the relief as it involved a running quarry. The primary issue was whether the statutory requirement for license renewal had been met through the respondent's inaction. The court reasoned that in the absence of a decision within the prescribed 30-day period, the principle of a deemed license applies, obligating the authority to grant the renewal. The writ petition was closed as the deemed license had been successfully issued.

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“1. To declare that the application submitted by the petitioner for renewal of license has been crystallized into a deemed license by operation of law;

2. Issue a writ of Mandamus or any other appropriate writ, direction or order directing the respondent to issue certificate of license for the period applied for, forthwith;

3. Issue a writ of Mandamus or any other appropriate writ, direction or order directing the respondent to issue the certificate of license by considering Ext.P8 passed by this Hon’ble Court and untrammelled by Ext.P7;

4. To grant such other reliefs as this Hon’ble Court may deem just and fit in the circumstances of the case; and

5. To dispense with filing of the translation of documents in vernacular language.” [SIC]

2. When this writ petition came up for consideration before this Court on 24.03.2026, this Court passed the following order:

“Admit.

Issue urgent notice through Special Messenger to the respondent.

According to the petitioner, he submitted an application for renewal of license as evident by Ext.P6 acknowledgment. No orders were passed within 30 days. Therefore, I am of the prima facie opinion that the petitioner is entitled deemed license as per Section 236(3) of the Kerala Panchayat Raj Act, 1994. It is submitted that it is a running quarry. Therefore, the respondent will issue a deemed license in physical form within two weeks from the date of receipt of a copy of this order.

Respondent can file counter affidavit and bring up the matter, if there is any urgency.

Post on 19.05.2026.”

3. Now, the counsel for the petitioner submitted that the deemed license is already issued and the writ petition can be closed. If that be the case, nothing survives in this case.

Accordingly, the Writ Petition is closed.

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2026 Supreme(Online)(Ker) 30174

IN THE HIGH COURT OF KERALA AT ERNAKULAMP.V.Kunhikrishnan, JM.P Abdulla – AppellantVersusSecretary, Office Of The Triprangottur Grama Panchayat – RespondentWP(C) NO. 11523 OF 2026

A failure by the licensing authority to pass orders on a renewal application within the statutory 30-day period results in the crystallization of a deemed license under Section 236(3) of the Kerala Panchayat Raj Act, 1994.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
M.P Abdulla – Appellant
Versus
Secretary, Office Of The Triprangottur Grama Panchayat – Respondent
WP(C) NO. 11523 OF 2026