Kerala High Court
M/S. Vsc Villaments vs Aryanad Grama Panchayat on 12 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 19292 OF 2025 1
2025:KER:41544
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
WP(C) NO. 19292 OF 2025
PETITIONER:
M/S. VSC VILLAMENTS
TC 54/928, ROHINI SADANAM, MELAMCODE, NEMOM P.O,
THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING
PARTNER SRI. SREEJITH S.S., PIN - 695020
BY ADVS. SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
SHRI.ITTOOP JOY THATTIL
RESPONDENTS:
1 ARYANAD GRAMA PANCHAYAT
ARYANAD P.O, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695542
2 SECRETARY
ARYANAD GRAMA PANCHAYAT, ARYANAD P.O,
THIRUVANANTHAPURAM, PIN - 695542
BY ADV SHRI.SUMAN CHAKRAVARTHY, SC, ARYANAD GRAMA
PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 19292 OF 2025 2
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JUDGMENT
Dated this the 12th day of June, 2025
The writ petition is filed to declare that the
petitioner has obtained a deemed trade licence under
Section 236(3) the Kerala Panchayat Raj Act, 1994 (for
short 'Act'), to operate a granite building stone quarry
('quarry', for brevity).
2. The petitioner proposes to start a quarry.
Accordingly, after obtaining the licenses and permissions
from the competent statutory authorities, the petitioner
submitted an application for trade licence to the 2 nd
respondent on 20.02.2025, as evidenced by Ext.P5
receipt. On 19.03.2025, the 2nd respondent issued a letter
to the petitioner, directing them to produce certain
additional documents. The petitioner produced the
required documents on 21.03.2025, as per Ext.P7
covering letter. After that, the petitioner also produced a
No Objection Certificate (NOC) from the Irrigation
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Department on 15.04.2025, though it was not necessary.
However, the 2nd respondent failed to process the
application for the trade licence within the mandatory
time period of 30 days as envisaged under Section 236(3)
of the Act. Instead, the 2nd respondent sent Ext.P8
rejection order, in Ext.P9 postal cover, only on
20.05.2025, i.e., after the expiry of 30 days from
15.04.2025. Therefore, the petitioner is entitled to a
declaration as prayed in the writ petition.
3. The 2nd respondent has filed a statement
refuting the allegations in the writ petition. It is
contended that Ext.P5 application was rejected by the 2 nd
respondent on 23.04.2025 by Ext.P8 order. Therefore,
the deeming provision under the Act is not attracted.
4. The petitioner has filed a reply affidavit
denying the allegations in the counter affidavit. The
petitioner has produced Ext.P9 postal cover and Ext.P10
track consignment letter, to establish that Ext.P8 order
was sent by the 2nd respondent by registered post on
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20.05.2025 and was received by the petitioner only on
21.05.2025.
5. When the writ petition came up for
consideration on 26.05.2025, the learned Standing
Counsel appearing for the respondents submitted that, a
copy of Ext.P8 order was served on the authorised
representative of the petitioner. Accordingly, this Court
directed the respondents to produce the proof of delivery
of Ext.P8 order.
6. Pursuant to the said order, the 2nd
respondent has filed an affidavit stating that, after the
receipt of the NOC from the Irrigation Department on
15.04.2025, the 2nd respondent passed Ext.P8 order on
23.04.2025, which is within eight days. The order was
collected by a representative of the petitioner from the 2nd
respondent on 24.04.2025. Thereafter, the Managing
Partner of the petitioner also collected a copy of the order
from the 2nd respondent on 12.05.2025. However, the
respondents have candidly admitted that they have not
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obtained any acknowledgment regarding the service of a
copy of the order. Subsequently, Ext.P8 order was
dispatched by registered post to the petitioner on
20.05.2025, in the routine course of business.
7. Heard; the learned Counsel for the
petitioner and the learned Standing Counsel appearing
for the respondents.
8. It is not in dispute that the petitioner had
submitted Ext.P5 application on 20.02.2025. In response
to Ext.P6 letter, the petitioner had submitted the
additional documents and Ext.R2(a) NOC from the
Irrigation Department before the 2nd respondent on
21.03.2025 and 15.04.2025, respectively.
9. 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
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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."
10. 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.
11. The mandatory compliance of the above
provision is no longer res integra in view of the decision
of the Division Bench of this Court Koottikkal Grama
Panchayath and Another v. Vazhathara Granites and
Aggregates Pvt.Ltd. [2018 KHC 4640].
12. 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.
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13. In view of the affidavit filed by the
respondents dated 05.06.2025, it is not in dispute that the
2nd respondent had only sent Ext.P8 order by registered
post on 20.05.2025. Even though it is alleged that a copy
of Ext.P8 order was collected by the petitioner's
representative on 24.04.2025 and the petitioner's
Managing Partner on 12.05.2025, admittedly, there is no
acknowledgment or proof of service/communication.
Therefore, the said statement is not satisfactory and
worthy of credence to fulfill the mandatory requirement
envisaged under Section 236 of Act and the
interpretations given by this Court in the aforesaid
decisions.
In the aforesaid circumstances, I allow the writ
petition by quashing Ext.P8 order and declaring that the
petitioner has secured a valid trade licence under
Sections 232 and 233 of the Act, by virtue of Section 236
(3) of the Act. Consequently, the 2nd respondent is
directed to issue the petitioner the trade licence in the
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paper form within one week from the date of production
of a copy of this judgment. Needless to mention, in case
the petitioner violates the conditions of the licence, it
would be open to the 2nd respondent to cancel the licence,
in accordance with law.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF WP(C) 19292/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED
06.02.2023 ISSUED BY THE DIRECTOR OF
MINING AND GEOLOGY.
EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE DATED
04.01.2025 VALID TILL 31.10.2029 ISSUED
BY THE POLLUTION CONTROL BOARD.
EXHIBIT P3 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
DATED 23.10.2024 ISSUED BY THE SEIAA.
EXHIBIT P4 TRUE COPY OF THE EXPLOSIVE LICENSE VALID
TILL 31.03.2030.
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 20.02.2025
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 19.03.2025
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 21.03.2025
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 23.04.2025
BEARING NO. JC3.884/2025 ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE POSTAL COVER ENCLOSING
EXT.P8.
EXHIBIT P10 TRUE COPY OF THE CONSIGNMENT DETAILS OF
THE CONSIGNMENT BEARING NO. RL
159870101IN AS AVAILABLE FROM THE POSTAL
WEBSITE.
RESPONDENT ANNEXURES
ANNEXURE-R2(a) THE COVERING LETTER DATED 15.04.2025
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENTS
