IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10026 of 2008(R) -------------------------- PETITIONER: -------------- SIBY JOSE, AGED 32, S/O.IYPE, PUTHENPURACKAL HOUSE, KODUVELI P.O., MULAPPURA KARA, NEYYASSERY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ----------------- 1. THE KARIMANNOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KARIMANNOR GRAMA PANCHAYATH, KARIMANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT-685 581. 2. THE SECRETARY, KARIMANNOOR GRAMA PANCHAYAT, OFFICE OF THE KARIMANNOR GRAMA PANCHAYAT, KARIMANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT-685 581. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE,J ========================= W.P.(C).No.10026 of 2008 ========================== Dated this the 26th day of March, 2008 JUDGMENT The case of the petitioner is that though Ext.P1 application supported by all necessary documents was submitted by the petitioner as early as on 28.01.2008, the Panchayat has not taken any decision on Ext.P1 application for licence for conducting a poultry farm. But at the same time, Panchayat has issued Ext.P5 notice to the petitioner directing him to close down the poultry farm on the reason that the poultry farm is conducted without obtaining licence from the Panchayat. The petitioner submits that he is entitled to take advantage of the deeming provisions provided under Section 236(3) of the Panchayat Raj Act. Since Panchayat has not taken any decision on Ext.P1 in spite of expiry of more than one month. Prima facie I notice merit in the above case. Under this circumstances, I dispose of the writ petition directing the Secretary of the Panchayat to take a decision on Ext.P1 application after hearing petitioner at the earliest, at any rate, within three weeks of petitioner producing a copy of the judgment. In the mean while, there will be a W.P.(C).3251/2007 2 direction to the Panchayat not to enforce Ext.P5 till such time as Panchayat takes decision on Ext.P1. PIUS C.KURIAKOSE,JUDGE dvs