LAWS(KER)-2018-11-431

ABDUL KHARIM Vs. PAZHAYAKUNUMMEL GRAM PANCHAYATH

Decided On November 26, 2018
ABDUL KHARIM Appellant
V/S
Pazhayakunummel Gram Panchayath Respondents

JUDGEMENT

(1.) This Writ Appeal is referred to the Full Bench by a Division Bench doubting the correctness of the judgment of a Division Bench inSudhakaran Vs. Pallichal Grama Panchayat (2016 (2) KLT 175).

(2.) The matter raises a point of construction of provisions related to deemed licence under Sec. 236(3) of the Kerala Panchayat Raj Act, 1994, (hereafter referred to as the Act, for short).

(3.) The appellants before the Division Bench are the petitioners in the writ petition. They submitted an application for building permit on 07.02.2018. The Panchayath noted certain defects in the application and returned the application on 12.02.2018. The resubmitted application was again returned before the expiry of 30 days. However, no order was passed within 30 days on the application.