IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8725 of 2010(M) ------------------------- PETITIONER(S): --------------- SAJI P.K. @ SAJI KURIAKOSE, AGED 39 YEARS, S/O.KURIAKOSE, POOTHOTTIL HOUSE, KADAKKANAD, KUNNACKAL P.O., VALAKAM, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.BABU SMT.N.SUDHA SMT.M.K.ASWATHI SRI.VIPIN VISWAN RESPONDENT(S): ------------------------ 1. MAZHUVANNUR GRAMA PANCHAYATH, MAZHUVANNUR, AIRAPURAM P.O., PIN 683 541, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. STATE OF KERALA REPRESENTED BY SECRETARY TO LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).8725/2010 -------------------- Dated this the 16th day of March, 2010 JUDGMENT The prayer sought in the writ petition is mainly for a direction to the 1st respondent not to prevent the petitioner from operating his Industrial Unit in Building No.1/53B (10/389) of Mazhuvannoor Grama Panchayat. This prayer is sought on the basis that the petitioner having submitted Ext.P10 application for licence as early as on 11.10.2009, and the Panchayat having not passed orders thereon, he is entitled to the benefit of deemed licence as contemplated under Section 236(3) of the Panchayat Raj Act. 2. It is true that the Panchayat Raj Act has recognized deemed licence and if the petitioner is entitled, he cannot be prevented from operating the Industrial Unit. As at present, the Panchayat has not taken any action against the petitioner. The writ petition is filed only on the basis of the petitioner's apprehension that the Panchayat might interfere with the functioning of this Industrial Unit. W.P.(C).8725/10 2 3. Having regard to the above, I dispose of this writ petition leaving it open to the petitioner to seek his remedies if and when any action is taken by the Panchayat. ANTONY DOMINIC, Judge mrcs