Binu George vs Neduvathoor Grama Panchayath
2021 Latest Caselaw 4009 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

       WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021/14TH MAGHA,1942

                       W.P(C).No.2709 OF 2021(K)


PETITIONER:

               BINU GEORGE
               AGED 53 YEARS, S/O.GEORGEKUTTY, BINU COTTAGE,
               PUTHOOR P. O., THEKKUMPURAM, KOLLAM - 691 507.

               BY ADV. SRI.PRAVEEN K. JOY

RESPONDENTS:

       1       NEDUVATHOOR GRAMA PANCHAYATH
               REP. BY ITS PRESIDENT, NEELESWARAM P. O.,
               KOLLAM - 691 505.

       2       THE SECRETARY
               NEDUVATHOOR GRAMA PANCHAYATH, NEELESWARAM P. O.,
               KOLLAM - 691 505.

       3       NEDUVATHOOR GRAMA PANCHAYATH COUNCIL
               NEELESWARAM P. O., KOLLAM - 691 505.,
               REP. BY PRESIDENT.


          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 W.P.(C).No.2709/2021              :: 2 ::




                           JUDGMENT

Against Ext.P5 order that rejected an application for licence

preferred by the petitioner, the petitioner has preferred Ext.P7

appeal before the 3rd respondent Appellate Authority. The limited

prayer of the petitioner is for a direction to the 3rd respondent

Appellate Authority to consider and pass orders on Ext.P7 appeal,

expeditiously, after hearing him.

2. I have heard the learned counsel for the petitioner. In the

nature of the order that I propose to pass, I do not deem it necessary

to hear the respondents.

On a consideration of the facts and circumstances of the case,

I dispose the writ petition with a direction to the 3 rd respondent

Appellate Authority to consider and pass orders on Ext.P7 appeal

preferred by the petitioner, within an outer time limit of six weeks

from the date of receipt of a copy of this judgment, after hearing the

petitioner. The petitioner shall produce a copy of the writ petition W.P.(C).No.2709/2021 :: 3 ::

together with a copy of this judgment before the 3 rd respondent, for

further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

prp/3/2/2021 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION BEFORE THE 1ST RESPONDENT DATED 02.11.2020.

EXHIBIT P2 THE TRUE COPY OF THE CONSENT DATED 16.11.2020 FROM STATE POLLUTION CONTROL BOARD.

EXHIBIT P3 THE TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE ISSUED BY MEDICAL OFFICER, PRIMARY HEALTH CENTRE, NEDUVATHOOR.

EXHIBIT P4 THE TRUE COPY OF THE RECEIPT DATED 29.09.2020.

EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 11.12.2020 OF THE 2ND RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN WPC NO.1693/2021 DATED 21.01.2021.

EXHIBIT P7 THE TRUE COPY OF THE APPEAL DATED 23.01.2021 BEFORE THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS:    NIL.



                         //TRUE COPY//


                         P.S. TO JUDGE