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
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
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
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
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
