AISWARYA GRANITES Vs. ELAMADU GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner submitted Ext.R1(a) application on 26/8/2022 for D&O license before the 2nd respondent, the Secretary of the 1st respondent Grama Panchayat. According to the petitioner, the 2nd respondent has not communicated any orders on the said application within a period of 30 days from the date of receipt of the application and therefore, the petitioner is entitled for deemed D&O license under Sec. 236(3) of the Kerala Panchayat Raj Act (hereinafter referred to as "the Act", for short).

(2.) A counter affidavit is filed on behalf of the 1st respondent wherein it is stated that after the receipt of the application for D&O license, since the application was found to be defective, the 2nd respondent addressed Ext.R1(d) letter to the Village Officer seeking certain clarifications with regard to the survey number of the property of the petitioner. It is stated that a copy of Ext.R1(d) was also served on the petitioner. It is contended that the same shall be construed as a communication within the ambit of Sec. 236(3) of the Act. It is further stated that the Panchayat committee as per Ext.R1(f) resolution dtd. 26/10/2022, has resolved to reject the application of the petitioner for D&O license. Accordingly, respondents 1 and 2 contend that the petitioner is not entitled for D&O license.

(3.) Heard the learned counsel for the petitioner and the learned counsel for respondents 1 and 2 and the learned Government Pleader.