IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4761 of 2008(P)
1. P.P. KUNHIMOOSA,
... Petitioner
Vs
1. MEENANGADI GRAMA PANCHAYATH,
... Respondent
For Petitioner :SMT.I.SHEELA DEVI
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :12/02/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No.4761 OF 2008
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Dated this the 12th day of February, 2008
JUDGMENT
In this writ petition under Article 226 , petitioner who is
conducting the business of flour mill/coffee powder shop in a
rented building challenges Ext.P5 notice issued to him by the
Secretary of the respondent Panchayat. Under Ext.P5 it is stated
that the petitioner has not taken out a trade licence for
conducting the business of flour mill for the year 2007-2008. It is
also stated that the condition of the building in which the mill is
being conducted by the petitioner is dilapidated and the
petitioner is called upon to produce the fitness certificate from an
Engineer of a Public Work Department regarding the building and
pending production of such fitness certificate, petitioner was
directed to stop the functioning of the mill. To Ext.P5 petitioner
has submitted Ext.P8 reply before the respondent. It is contended
in Ext.P8 that Ext.P5 is the result of the pressure exerted by the
landlord of the building who is desirous of evicting the petitioner
other than through due process of law. According to the
petitioner, he has already submitted application for renewal of
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licence and the same is pending. petitioner is also ready to
convince the Secretary of the Panchayat that the condition of the
building is not so deplorable as alleged in Ext.P5.
2. Having considered the averments in the writ petition,
I am of the view that in the nature of the order which is being
passed hereunder, writ petition can be disposed of issuing the
following directions:
The petitioner is directed to produce before the respondent
fitness certificate issued by any Civil Engineer presently working
in Government or quasi Government service certifying as to the
fitness of the building wherein petitioner is conducting business
( which is the subject mater of Ext.P5) in the name and style of
Surya Coffee Works. Certificate as directed above shall be
produced by the petitioner within three weeks from today. If the
petitioner produces the certificate within the time frame, the
respondent will take up the petitioner’s application for renewal of
licence and consider that application in the light of the certificate
produced by the petitioner and pass orders on the same without
insisting on production of any consent letter from the landlord.
Since the counsel for the petitioner asserts that the Panchayat
has not yet enforced Ext.P5, the petitioner is permitted to carry
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on business for one more month at his own risk as to any
consequence which may ensue on account of the condition of the
building.
PIUS.C.KURIAKOSE
JUDGE
sv.
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