MOHAMMAD SHEREEF Vs. SECRETARY, ANGADIPPURAM GRAMA PANCHAYAT

JUDGEMENT

(1.) 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 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 Sec. 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 25/4/2025 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 5th ward of the Panchayat, a decision could not be taken within the prescribed statutory time period. This matter was duly informed to the petitioner on 20/6/2025. There is no illegality in the non-consideration of the petitioner's online application for trade license.