SINIL. V. MATHEW VARAKUKALPARAMBIL HOUSE Vs. AYARKUNNAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, AYARKUNNAM P.O. KOTTAYAM DISTRICT

JUDGEMENT

(1.) The first respondent approached this Court by filing W.P. (C) No. 11938 of 2018 with the following prayers:

(2.) The matter was considered by a learned single Judge of this Court and after hearing, it was disposed of as per judgment dated 11.04.2018; the operative portion of which reads as follows :

(3.) The direction given by the learned single Judge is challenged at the instance of the Grama Panchayath. The case projected by the appellant before this Court is that, the learned Judge was not justified in granting the relief for issuance of 'deemed licence' in terms of Section 236 (3) of the Kerala Panchayat Raj Act. According to the writ petitioner, the licence issued by the Local Authority earlier was sought to be renewed by filing necessary application, which was received in the office of the Panchayath as borne by Ext. P6 dated 07.03.2018. Since no communication was ever issued either as to the rejection or as to the acceptance, it was contended that the writ petitioner was entitled to have 'deemed licence' in terms of the Section 236 (3) of the Kerala Panchayat Raj Act. The said contention was accepted by the learned single Judge, in turn leading to the judgment under challenge in this appeal.