HARIDAS P.R. Vs. SIYAD HASSAN AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed by the additional 2nd respondent in W.P.(C) No. 462 of 2015 challenging the judgment dated 9.2.2015, by which, the writ petition filed by the first respondent herein was allowed and a direction was issued to the second respondent Panchayat to issue the licence in favour of the writ petitioner (hereinafter referred to as 'petitioner') in physical form.

(2.) THE writ petition was filed by the petitioner seeking the following reliefs: -"

(3.) AFTER taking into consideration the respective contentions urged by the parties, the learned Single Judge formed an opinion that since the application, Ext. P2 has not been rejected within the time specified in terms of Sec. 233 of the Act, the petitioner is entitled for deemed licence. Further, the D & O licence also ought to have been issued in terms of Rule 12(3)(c) of the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 within 30 days from the date of application and since the same has not been done, a direction was issued to the Grama Panchayat to issue licence in physical form in response to Ext. P5 application.