SABU T. Vs. P.V.BABU

JUDGEMENT

(1.) THIS is an appeal filed by the 3rd party. The writ petition was filed seeking the following relief : -

(2.) BRIEFLY put, the case of the writ petitioner is as follows : - The grievance of the petitioner is that the respondent Panchayath has not disposed of the application submitted by the petitioner under Section 232 of the Kerala Panchayath Raj Act (hereinafter called as the 'Act') and Kerala Panchayath Raj (Issue of Lincence to Dangerous and Offensive Trades and Factories) Rules (herein after called as the 'Rules') for permission to conduct the toddy shop, which was functioning in a building for the last 5 years and shifted to a new building which is situated just opposite to the earlier building, even after the expiry of 54 days and is not permitting the petitioner to conduct the toddy shop in spite of the fact that as per Section 236(3) of the Act the Panchayath is deemed to have granted permission for conducting the toddy shop after the expiry of 30 days from the date of submission of the application.

(3.) THIS Court considered these writ petition together and pleased to dispose of the same by a common judgment dated 10 -09 -2013 directing the Panchayath to consider and dispose of the application submitted by the petitioner, for permission to conduct the toddy shop under the Act and Rules, on 04 -09 -2013. Based on this direction the petitioner has submitted the judgment of this Court with a fresh representation before the Panchayath on 13 -09 -2013. The Panchayath has promptly conducting the hearing in which the petitioner as well as the agitating parties were heard. But in spite of the hearing conducted by the Panchayath, till date no order has been passed by the Panchayath in the application submitted by the petitioner for permission to conduct the toddy shop. 54 days have expired after the date of submission of the application by the petitioner on 04 -09 -2013. As per Section 236(3) of the Act if the Panchayath fails to pass orders in any application submitted for permission or license within 30 days of the receipt of the application by the Panchayath, the application shall be deemed to have been allowed. Based on this provision, the petitioner has now got permission of the Panchayath to conduct the toddy shop and the petitioner is entitled to conduct the Toddy shop without the interference of the Panchayath. When the petitioner started steps to reopen the toddy shop which was closed down due to the agitation as early as on 28 -06 -2013, the Panchayath has now orally directed the petitioner not to open the toddy shop. It is in such circumstance the petitioner is approaching this Court by filing this writ petition.