K.Unnikrishnan vs Biju Sebastian @ Thankachan on 7 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33096 of 2007(M)


1. K.UNNIKRISHNAN,S/O. VASU,
                      ...  Petitioner
2. KARAPPAN,S/O. LATE AYYAPPAN,
3. KHALID HAJI P.K.
4. AYISHA,D/O.POKLER HAJI,

                        Vs



1. BIJU SEBASTIAN @ THANKACHAN
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.A.MOHAMED MUSTAQUE

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :07/11/2007

 O R D E R
                         PIUS C. KURIAKOSE,J.
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                        W.P.(C) No.33096 of 2007
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                        Dated: 7th November, 2007

                                 JUDGMENT

I do not propose to go into the merits of the grounds raised.

The request which is now urged before me by the counsel for the

petitioners is that while the Panchayat is taking decision on the

licence application submitted by the 1st respondent pursuant to the

directions in the judgment in W.P.C.No.22153 of 2007, they also

should be allowed a hearing opportunity. My judgment in

W.P.C.No.22153 of 2007 will show that at that time the complainant

was one Darmapalan and I had directed the authorities to hear

Darmapalan also before decision is taken on the licence application

submitted by the 1st respondent. Learned counsel for the petitioners

submits that there is some collusion between the 1st respondent and

Darmapalan and that the petitioners being immediate neighbours will

be prejudiced unless they are also heard. Without deciding the

genuineness of the grievances voiced, I dispose of the Writ Petition

issuing the following directions:

If the 2nd respondent has not so far taken a decision on the

licence application submitted by the 1st respondent pursuant to the

judgment in W.P.C.No.22153 of 2007, the 2nd respondent will hear a

W.P.C.No.33096/07 – 2 –

representative of the four petitioners herein also before taking

decision. The petitioners shall produce a copy of this judgment before

the 2nd respondent as soon as they receive the same. They will also

send another copy of this judgment by registered post with

acknowledgement due to the 1st respondent.

srd                                 PIUS C.KURIAKOSE, JUDGE