K M IBRAHIM, MAIN ROAD, SUNTICOPPA COORG, KARNATAKA Vs. THAVINJAL GRAMA PANCHAYATH, THALAPUZHA PO, MANANTHAVADI

JUDGEMENT

(1.) The petitioner claims to be the Director of a Company by name 'Makkimala Tea Estate Pvt. Ltd.', incorporated under the provisions of the Companies Act, 1956. According to him, he had applied for a building permit to construct a service villa within the confines of the Estate before the second respondent - Secretary, Thavinjal Grama Panchayat. He alleges that even though this application was made as early as on 30.09.2016, as evidenced by Exhibit P1 receipt issued by the Panchayat, the same has not been disposed of yet, thus conceding to him the benefit of a deemed licence. He has filed this writ petition seeking directions to the respondents to permit him to complete the construction of the villa on the basis of such deemed licence.

(2.) I have heard Sri.K.Jaju Babu, learned Senior Counsel assisted by Ms.Neethu, appearing for the petitioner, Sri.K.S.Arun Kumar, learned Standing Counsel appearing for respondents 1 and 2 and Sri.Biju Abraham, learned counsel appearing for the additional third respondent.

(3.) Even though the assertion of the petitioner is that he has obtained the benefit of a deemed licence because his application for building permit has not been disposed of yet, I do not propose to accede to it because the facts involved in this case would show that the delay in considering the application was due to certain compelling reasons, including litigations and complaints initiated by the third respondent. When I disclosed my mind thus at the Bar, Sri.Jaju Babu, learned Senior Counsel fairly submitted that he will confine the reliefs in this writ petition that the petitioner's application for building permit be directed to be disposed of by the second respondent within a time frame.