IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10203 of 2008(M)
1. V.R.NARAYANAN EMBRAN,AGED 56 YEARS,
... Petitioner
Vs
1. MARADU GRAMA PANCHAYAT (SPECIAL GRADE)
... Respondent
2. K.MOHANRAJ, AGED 62 YEARS,
3. M.KISHORE KUMAR,AGED 26 YEARS,
4. K.KANCHANA AGED 56 YEARS,
5. ANIL KUMAR SHARMA,AGED 34 YEARS,
For Petitioner :SRI.BEPIN VIJAYAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :26/03/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No.10203 OF 2008
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Dated this the 26th day of March, 2008
JUDGMENT
Under challenge in this writ petition is Ext.P8 order of the
Secretary of the Panchayat. Under Ext.P8, the Secretary of the
Panchayat has virtually rejected the petitioner’s claim for renewal of
licence for the conduct of business in Granites which was being
conducted on the basis of previous licences. The reason stated in
Ext.P8 is that the petitioner has not produced the document issued by
the previous owner which will show that the petitioner’s possession
over the premises is lawful. On the terms of Ext.P8 if the document is
not produced immediately, the licence fee which has already been
collected from the petitioner will be forfeited. According to the
petitioner, the Secretary has chosen to issue Ext.P8 only at the behest
of the 5th respondent who is already pitted in a civil dispute with the
petitioner. The statute provides remedy by way of appeal to the
committee of the Panchayat against Ext.P8.
WPC.No.10203/08 2
I dispose of the writ petition relegating the petitioner to that
remedy. However, considering the merit noticed in some of the
grounds raised in the writ petition, there will be an order directing the
Panchayat not to enforce Ext.P8 till such time as appeal preferred by
the petitioner is disposed of, if the petitioner actually prefers an appeal
within three weeks from today.
PIUS.C.KURIAKOSE
JUDGE
sv.
WPC.No.10203/08 2