JOSHY A.CHEMBARATHY Vs. MANNANCHERRY GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner applied for a license to carry out sale and service of vehicles, manufactured by Force Motors. The petitioner had made Ext.P3 application on 08.05.2017 before the Secretary. There has been no response from the Secretary and hence the petitioner claims a deemed license.

(2.) The learned Counsel appearing for the Secretary of the Panchayat, however, opposes the prayer on the ground that the petitioner has not complied with the conditions agreed to in an earlier writ petition.

(3.) Admittedly, there was an unauthorised construction by the petitioner. The Panchayat had taken proceedings against the unauthorised construction. Though the petitioner had constructed the building with a valid building permit, the allegation was that there were certain violations from the sanctioned plan. The proceedings initiated by the Panchayat was challenged by the petitioner in W.P.(C) No.33849/2015. The issue was referred to mediation and there was a settlement entered into by the petitioner and the Panchayat. There, respondents 3 and 4 agreed to assign regular number to the construction in question within seven days from the date of compliance of the conditions in the affidavit filed by the petitioner. There was also an agreement that the dispute between the petitioner and the Grama Panchayat then would be treated as settled and there would be no question regarding the legality of the construction in future.