Kerala High Court
Veliyam Grama Panchayat vs Jalaludeen K on 12 April, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WA NO. 529 OF 2024
AGAINST THE JUDGMENT DATED 01.03.2024 IN WP(C) NO.12237 OF 2023 OF HIGH
COURT OF KERALA
APPELLANTS:
1 VELIYAM GRAMA PANCHAYAT
VELIYAM P.O. KOLLAM DISTRICT, REPRESENTED BY THE SECRETARY.,
PIN - 691537
2 THE SECRETARY,
VELIYAM GRAMA PANCHAYAT, VELIYAM P.O. KOLLAM DISTRICT,, PIN
- 691537
BY ADV M.R.SASITH
RESPONDENTS:
1 JALALUDEEN K.
AGED 65 YEARS
S/O. KUNJU MAIDEENKUNJU, CHARUVILA PUTHEN VEEDU, VELIYAM
(WEST) P.O. KOLLAM DISTRICT, PIN - 691540
2 1. M.S.BIJU, S/O. C.MURALEEDHARAN
ASWATHY, VELIYAM WEST P.O., VELIYAM VILLAGE, KOTTARAKARA
TALUK KOLLAM -691540
3 SHAJI, S/O.BHASKARAN
SMRUTHI, VELIYAM WEST P.O., VELIYAM VILLAGE, KOTTARAKARA
TALUK,KOLLAM -691540 *ADDITIONAL RESPONDENTS 3 AND 4 ARE
IMPLEADED AS PER ORDER DATED 5.07.2023 IN I.A.1/23 IN
WP(C)12237/2023
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal No.529 of 2024
2
JUDGMENT
M.A Abdul Hakhim, J
1. The Grama Panchayat and its Secretary who were the Respondents Nos 1 and 2 in the Writ Petition have filed this Writ Appeal challenging the judgment of the learned Single Judge declaring that the Respondent No.1/Writ Petitioner secured a valid deemed license under S.232 and 233 of the Act by virtue of 233(6) and 236(3) of the Kerala Panchayat Raj Act, 1994, directing the appellant No.1 to issue license in paper form to the Respondent No.1, within a period of one week from the date of receipt of copy of the judgment and further declaring that the Respondent No.1 is entitled to get the license renewed as one ordinarily allowed, in accordance with law. It is made clear in the said judgment that in case there is any violation of the provisions of the Panchayat Raj Act, it will be open to the Appellant No.2/ Respondent No.2 to revoke the license in accordance with law.
2. The Respondent No.1 filed the Writ Petition for a declaration that Ext.P6 composite application for permission and license has been crystallised into a deemed grant by operation of law by virtue of Writ Appeal No.529 of 2024 3 Section 236(3) and 233(6) of the Panchayat Raj Act, 1994 and for other consequential reliefs.
3. The contentions raised by the appellants before the learned Single Judge that within thirty days from the date of receipt of Ext.P6 Application for license dated 13.02.2023, the Appellant No.2 had issued Ext.R1(a) Letter dated 25.02.2023 to the Respondent No.1 sent through ordinary post asking him to cure certain defects and in view of the said Communication within thirty days from the date of receipt Ext.P6, the Respondent No.1 is not entitled for any deemed license.
4. The learned Single Judge considered this matter extensively with reference to the relevant statutory provisions and precedents. Learned Single Judge referred to Rule 3 of the Service of Notice Rules and also the decision of this Court in B.B.P Properties Pvt.Ltd. v. Chengamanad Grama Panchayat [2010 (1) KLT 306] found that notices which have bearing on the rights of the parties have to be served by Registered Post. The learned Judge found that mere despatch of Ext.R1(a) Letter will not suffice to avoid the consequence of the deeming fiction unless it is shown that the said Letter was communicated to the respondent No.1. The learned Judge also referred to the Division Bench decision of Writ Appeal No.529 of 2024 4 this Court in Koottikkal Grama Panchayat v. Vazhathara Granites and Aggregates P. Ltd. [2018(3) KLT 410] which held that 30 days time period mentioned in S.236(3) of the Panchayat Raj Act will require communication of the decision to the applicant and mere posting of the communication will not suffice. The learned Judge further referred to Section 233(2A) and Rule 5 of the Kerala Panchayat Raj (Issue of License to factories,Trades,Entrepreneurship activities and other services) Rules, 1996 which mandates the Secretary of the Panchayat or the officer authorised by him, immediately on receipt of the application to verify the application and all supporting documents on the support and if any supporting document required is not attached with the application, the Secretary or the Officer authorised by him shall immediately inform the applicant regarding the details of the missing document, if any, and allow the applicant to submit the missing document at the earliest but not later than three days from the date of receipt of the application. The learned Single Judge found that there is nothing on record to show that the Secretary or the officer authorised by him immediately on receipt of Ext.P6 application verified the same and supportive documents and informed him of the defects as provided under Section 233(2A) of the Act and Rule 5A of the Trade Rules. The Writ Appeal No.529 of 2024 5 learned Judge found that Ext.R1(a) communication was issued after 12 days of submission of Ext.P6 application and the same is not in tune with the requirements under S.233 (2A) and Rule 5A of the Trade Rules. Thus the Learned Single judge considered the matter elaborately with respect to the relevant statutory provision and the binding precedents on the point as noted above. We find that the judgment of the Learned Single Judge is based on well founded reasons. We find no merit in this writ appeal and the same is accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
M.A.ABDUL HAKHIM JUDGE jma Writ Appeal No.529 of 2024 6 APPENDIX OF WA 529/2024 PETITIONER EXHIBITS Exhibit-P1 in WP.C TRANSLATION OF EXHIBIT-P1 IN W.P.C Exhibit-P6 in W.P.C TRANSLATION OF EXHIBIT-P6 IN W.P.C Exhibit-R1(a) in W.PC TRANSLATION OF EXHIBIT-R1(A) IN W.P.C. Exhibit-R1(b) in W.PC TRANSLATION OF EXHIBIT-R1(B) IN W.PC Exhibit-R3(a) in TRANSLATION OD EXHIBIT-R3 (A) IN W.PC W.P.C Exhibit-R3(b) in TRANSLATION OF EXHIBIT-R3 (B) IN W.PC.
W.P.C Exhibit-R3 (c) in TRANSLATION OF EXHIBIT-R3(C) IN W.P.C. W.P.C Exhibit-R3(d) in TRANSLATION OF EXHIBIT-R3(D) IN W.P.C W.P.C Exhibit-R1(d) in TRANSLATION OF EXHIBIT-R1(D) IN W.PC W.P.C Exhibit-R3(e) in WP.C TRANSLATION OF EXHIBIT-R3 (E) IN W.P.C