M.K. Antappan vs Puthenvelikara Grama Panchayath on 20 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25194 of 2007(Y)


1. M.K. ANTAPPAN, AGED 46 YEARS,
                      ...  Petitioner

                        Vs



1. PUTHENVELIKARA GRAMA PANCHAYATH,
                       ...       Respondent

                For Petitioner  :SRI.SABU GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

 Dated :20/08/2007

 O R D E R
                           A.K. BASHEER, J.
                      --------------------------
                   W.P.(C). NO. 25194 OF 2007
                          ---------------------

               Dated this the 20th day of August, 2007

                           J U D G M E N T

Petitioner contends that he has submitted Ext.P1 application

before the respondent/Panchayat requesting for grant of licence to

conduct a poultry farm. It is admitted by the petitioner that he has

already started operation of the farm. The question whether

petitioner has authority to do so without obtaining permission and

licence from the Panchayat, is a matter to be looked into by the said

statutory authority. It is also contended by the petitioner that the

local residents have no objection in starting the farm in that area and

that they have given consent to do the same, as can be seen from

Ext.P2. It is for the Panchayat to verify the same. Anyhow, the only

prayer in this writ petition is to issue an appropriate direction to the

Panchayat to take a decision on Ext.P1 expeditiously.

2. In view of the limited prayer made by the petitioner, the writ

petition can be disposed of with a direction to the respondent to

consider and pass orders on Ext.P1 strictly on its merit and in

accordance with law, as expeditiously as possible, at any rate, within

WPC NO.25194/07 Page numbers

one month from the date of receipt of a copy of this judgment. It is

made clear that I have not considered the merit of any of the

contentions raised by the petitioner. It will be open to the Panchayat

to take a decision after affording sufficient opportunity to the

petitioner to be heard. Petitioners shall produce a certified copy of

this judgment along with a copy of the writ petition before the

respondent for compliance.

                                              A.K. BASHEER, JUDGE


vps

WPC NO.25194/07    Page numbers




                                A.K. BASHEER, JUDGE


                                    OP NO.20954/00




                                         JUDGMENT


                                   1ST MARCH, 2007