IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 W.P(C).No. 17236 of 2008(B) ---------------------------------- PETITIONER: THANKAMMA, W/O. BHASKARAN, NANTHIYAD VEEDU, H. NO. 4/97, 98, NAYARAMBALAM, ERNAKULAM. BY ADV. SRI.VINCENT JOSEPH RESPONDENTS: ----------------- 1. STATE OF KREALA, REPRESENTED BY THE SECRETARY, SELF GOVT. DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, DISTEICT PANCHAYAT COMMITTEE, DISTRICT PANCHAYAT OFFICE, ERNAKULAM. 3. THE SECRETARY, NAYARAMBALAM GRAMA PANCHAYAT, PANCHAYAT OFFICE, NAYARAMBALAM. 4. THE TRIBUNAL, LOCAL SELF GOVERNMENTINSTITUTION, THIRUVANANTHAPURAM. 5. NAYARAMBALAM NAIR KARAYOGAM, REG. No.ER 5/1964, NAYARAMBALAM, REPRESENTED BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 17236 OF 2008 (B) = = = = = = = = = = = = = = = Dated this the 10th June 2008 J U D G M E N T The challenge in this writ petition is against Ext. P8 order of the 4th respondent Tribunal upholding the deemed licence that was accrued in favour of the 5th respondent. As is evident from the facts as disclosed in Ext. P8 order of the Tribunal, the Panchayat did not pass orders or communicate the same to the 5th respondent within one month of receipt of the application for licence. If that be so, the deemed licence has accrued in favour of the 5th respondent and the challenge to Ext.P8 order is liable to be rejected and I do so. 2. In so far as the petitioner is concerned, it appears that the main grievance is that the 5th respondent has not while constructing the building given the necessary clearances that are statutorily provided for. As far as this grievance is concerned, I need only clarify that even a deemed grant is always subject to the rules and in the process of undertaking any construction on the strength of such W.P.(C) No. 17236 OF 2008 -2- deemed grant, if statutory clearances are not provided, it will always be open to the petitioner to agitate the same independent of the deemed grant of licence. Clarifying the position as above and leaving it open to the petitioner to agitate her grievance independently, this writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-