IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21024 of 2008(C)
1. ASHARAF.K., S/O.KOYAKUTTY, AGED 34
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
For Petitioner :SRI.KRISHNADAS P. NAIR
For Respondent :SRI.N.SUBRAMANIAM
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) Nos. 21024 & 23087 OF 2008C
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Dated this the 7th day of August 2008
J U D G M E N T
The petitioners in these writ petitions are brothers.
2. In so far as W.P.(C) No. 21024/08 is concerned, the
challenge is against Exts. P4 and P6 notices issued by the
respondent Panchayat requiring the petitioner herein to stop the
business forthwith, as he was carrying on the business despite an
order of the Panchayat refusing to renew the licence. In so far as
W.P.(C) No. 23087/08 is concerned it is filed by the additional 2nd
respondent in W.P.(C) No. 21024/08 and what he seeks is
essentially implementation of Ext. P2 notice for which he has filed
Ext. P3 representation before the Panchayat.
3. The dispute concerns the business that the petitioner in
W.P.(C) No. 21024/08 is conducting in building No. KP III/2073 and
there are rival claims including that of ownership of the premises.
4. Now that the Panchayat has refused to renew the licence
W.P.(C) Nos. 21024 & 23087 OF 2008
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presumably on a complaint made by the petitioner in W.P.(C) No.
23087/08 and has issued notice to the petitioner in W.P.(C) No.
21024/08 to stop his business forthwith, in my view the appropriate
remedy available against such a notice is to file an appeal as
provided in the Kerala Panchayat Raj Act itself. This, the petitioner
in W.P.(C) No. 21024/08 may do within two weeks from today in
which case, the appellate authority shall consider the appeal, with
notice to the petitioner in W.P.(C) No. 23087/08 and pass orders
thereon. Orders shall be passed by the appellate authority as
expeditiously as possible, at any rate within 3 weeks of receipt of a
copy of the appeal. It is directed that in the meanwhile, the interim
order passed in W.P.(C) No. 21024/08 by order dated 14.7.2008 will
remain in force.
5. It is also clarified that the petitioner in W.P.(C) No.
23087/08 will be permitted to file his objections to the appeal and
produce whatever documents he wants to rely on.
Writ petitions are disposed of as above.
ANTONY DOMINIC
JUDGE
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