IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32600 of 2008(E)
1. SUNNY .V.M, S/O.MANI, VEMPANIKKAL HOUSE,
... Petitioner
Vs
1. IDUKKI DISTRICT PANCHAYATH REP;BY ITS
... Respondent
2. THE SECRETARY, IDUKKI DISTRICT
3. VAZHATHOPPU GRAMA PANCHAYATH,REP;BY
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/11/2008
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.32600 of 2008
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Dated this the 5th day of November, 2008
J U D G M E N T
The petitioner runs an STD booth in a shop room belonging to
the 1st respondent Panchayat. The petitioner claims that the petitioner
has obtained Ext.P5 licence not only for running the STD booth but
also a coffee bar in the shop room in question. However, by Ext.P9
order, the Panchayat has taken a view that the licence is only for
running STD booth and therefore, the coffee bar being run by the
petitioner has to be removed immediately. According to the petitioner,
having issued Ext.P5 licence for running STD booth and coffee bar, the
Panchayat cannot take such a stand. I am of opinion that against
Ext.P9 order the petitioner has an effective remedy by way of appeal
as provided under the Kerala Panchayat Raj Act. Therefore, this writ
petition is dismissed without prejudice to the right of the petitioner to
challenge Ext.P9 order in an appeal as provided under the Kerala
Panchayat Raj Act. However, to enable the petitioner to move the
appellate authority and seek interim orders, Ext.P9 shall not be
implemented for a period of two weeks.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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