Kerala High Court
Mohammad Shereef, S/O. Moideen vs The Secretary, Angadippuram Grama ... on 15 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:52155
WP(C) NO. 21696 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 21696 OF 2025
PETITIONER:
MOHAMMAD SHEREEF, S/O. MOIDEEN
AGED 42 YEARS
KUTIKADAN HOUSE, ATHAVANAD P.O., MALAPPURAM, PIN -
676310
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SHRI.SAJU S. DOMINIC
RESPONDENT:
THE SECRETARY, ANGADIPPURAM GRAMA PANCHAYAT
ANGADIPURAM P.O, MALAPPURAM DISTRICT, PIN - 679321
BY ADV SRI.P.ABDUL NISHAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 21696 OF 2025
2
JUDGMENT
Dated this the 15th day of July, 2025
The writ petition is filed to direct the respondent to
issue a trade license in favour of the petitioner,
immediately.
2. The petitioner is a grantee of a letter of intent
to conduct a quarry within the territorial limits of
respondent Panchayat. The petitioner has obtained all
the requisite licenses and permissions from the
competent statutory authorities. Accordingly, on
25.4.2025 the petitioner had submitted an application for
trade license before the respondent through its K-smart
portal, which is evidenced by Ext.P7 acknowledgment
receipt. Although a defect was noted in the application
by the respondent in the portal, the petitioner cured the
defect on 28.4.2025 by uploading Ext.P2 Environmental
Clearance. But, even after the lapse of 30 days, the
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WP(C) NO. 21696 OF 2025
respondent has not granted or rejected the application
for trade license. Thus, the petitioner's right for a
deemed license has accrued in view of Section 236 (3) of
the Kerala Panchayat Raj Act,1994 ( Act, in short).
Hence, the petitioner is entitled to a deemed license and
the respondent may be directed to issue a physical form
of the license.
3. In the statement filed by the respondent, it is not
disputed that the petitioner had submitted the online
application on 25.04.2025 and cured the defect in the
application form on 28.4.2025. It is the case of the
respondent that the application was placed before the
Panchayat Committee for detailed deliberation.
Despite, initial favourable consideration, the Panchayat
decided to deferred the final decision, to evaluate the
potential environmental, social and infrastructural
impacts of the proposed quarrying activities.
Nevertheless, due to the elections in the 5 th ward of the
Panchayat, a decision could not be taken within the
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prescribed statutory time period. This matter was duly
informed to the petitioner on 20.06.2025. There is no
illegality in the non-consideration of the petitioner's
online application for trade license.
4. In the above context, it is necessary to refer to
Section 236(3) of the Act, which reads as follows:
"236.General provisions regarding licences and permissions:-
(1) xxxx
(2) xxxx
(3) Save as aforesaid, if orders on an application for any
such licence or permission are not communicated to the
applicant within thirty days or such longer period as may be
prescribed in any class of cases after the receipt of the
application by the Secretary, the application shall be
deemed to have been allowed for the period, if any, for
which it would have been ordinarily allowed and subject to
the law, rules and bye-laws and all conditions ordinarily
imposed."
5.A reading of the above provision mandates that
an order passed by the statutory authority under the Act
has to be communicated to the applicant within 30 days
from the date of passing of the order.
6. The mandatory compliance of the above
provision is no longer res integra in view of the decision
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WP(C) NO. 21696 OF 2025
of the Division Bench of this Court Koottikkal Grama
Panchayath and Another v. Vazhathara Granites and
Aggregates Pvt.Ltd. [2018 KHC 4640].
7. In Jalaludeen K v. Veliyam Grama Panchayat
[2024 KHC 1108], this Court has held that, the mere
dispatch of a letter would not suffice to avoid the
consequence of the deeming provision. The order has to
be communicated to the applicant in order to avoid the
consequence of the deeming factor.
8. In light of the mandate under Section 236(3) of
the Act, and the exposition of law in the aforecited
decisions, I am of the definite view that the petitioner's
right to a trade license has crystallized and the
contentions raised by the respondent are untenable in
law.
In the aforesaid circumstances, I allow the writ
petition, by declaring that the petitioner is entitled to
valid trade license under Sections 232 and 233 of the Act
by virtue of Section 236(3) of the Act. Consequently, the
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WP(C) NO. 21696 OF 2025
respondent is directed to issue the trade license to
petitioner in paper form, within one week from date of
production of a copy of this judgment. Needless to
mention, in case the petitioner violates the conditions in
the trade license, it would be upto the respondent to
cancel the license in accordance with law.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm/15/7/2025
2025:KER:52155
WP(C) NO. 21696 OF 2025
APPENDIX OF WP(C) 21696/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED
BY THE DISTRICT GEOLOGIST, BEARING NO.
DMG/3460/2023-M2 DATED 29.02.2024
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
ENVIRONMENTAL CLEARANCE DATED 09.03.2025
ISSUED BY THE COMPETENT AUTHORITY
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
CONSENT TO OPERATE DATED 03.04.2025,
WHICH IS VALID UPTO 28.02.2030, ISSUED BY
THE COMPETENT AUTHORITY
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE
EXPLOSIVE LICENSE DATED 28.03.2024, WHICH
IS VALID UPTO 31.03.2029 ISSUED BY THE
COMPETENT AUTHORITY
EXHIBIT P5 TRUE COPY OF THE DEED OF AGREEMENT DATED
16.05.2025
EXHIBIT P6 TRUE COPY OF POSSESSION CERTIFICATE DATED
31.03.2025 ISSUED BY THE COMPETENT
AUTHORITY
EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 25.04.2025 ISSUED FROM THE K-SMART
PORTAL ACKNOWLEDGING SUBMISSION OF
APPLICATION FOR LICENSE
EXHIBIT P7(a) TRUE COPY OF THE RECEIPT DATED 25.04.2025
SHOWING THE REMITTANCE OF LICENSE FEE
EXHIBIT P8 TRUE COPY OF THE FILE HISTORY DOWNLOADED
FROM K-SMART
