P.Beeran vs State Of Kerala
2021 Latest Caselaw 183 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                  WP(C).No.27373 OF 2020(V)


PETITIONER:

              P.BEERAN, AGED 64 YEARS, S/O. MUHAMMADKUTTY,
              PROPRITOR, M/S. OCIANIC CHICKEN STALL, TP
              9/548(A), OPP KERALA GRAMIN BANK, KAVUMANNAM
              P.O, WAYANAD, RESIDING AT PALLIMALIL,
              KAVUMANNAM P.O, WAYANAD 673 122

              BY ADV. SRI.D.KISHORE

RESPONDENTS:

     1        STATE OF KERALA, REPRESENTED BY ITS SECRETARY
              TO GOVERNMENT, LOCAL SELF GOVERNMENT
              DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM 695 001

     2        THE THARIODE GRAMA PANCHAYAT
              REPRESENTED BY ITS SECRETARY, KAVUMANNAM P.O,
              WAYANAD 673 122

     3        THE SECRETARY, THARIODE GRAMA PANCHAYAT,
              KAVUMANNAM P.O, WAYANAD 673 122

              R2-3 BY ADV. SMT.JAYASREE K.P.

              MANURAJ K J GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 05.01.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C).No.27373 OF 2020(V)

                                  ..2..




                            JUDGMENT

Dated this the 5th day of January 2021

The petitioner's application for trade licence to conduct a

chicken stall has been rejected by Ext.P5 order. This was

rejected on the ground that the Panchayat Committee had taken

a resolution " not to issue such licence". The application was

rejected through online.

2. The application for trade licence cannot be rejected

merely on the resolution of the Panchayat Committee. The

Secretary has to consider whether the petitioner complies with

the legal requirements to start chicken stall and to take a

decision on it.

3. In the light of the above, the impugned proceedings

to the extent it is applicable to the petitioner is set aside. The

Secretary of the Panchayat is directed to consider the WP(C).No.27373 OF 2020(V)

..3..

application de hors such resolution of the Panchayat Committee

within a period of two weeks.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.27373 OF 2020(V)

..4..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 8-

10-2020 EXECUTED BY SRI MOITHOOTTY INF AVOUR OF THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE LICENCE DATED 9-11-

2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 9-

10-2020 SUBMITTED BY THE PETITIONER THROUGH K-SWIFT

EXHIBIT P4 TRUE COPY OF THE CONSENT TO OPERATE DATED 12-08-2020 ISSUED BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, POLLUTION CONTROL BOARD, WAYANAD

EXHIBIT P5 TRUE COPY OF THE REJECTION ORDER DOWNLOADED FROM THE WEBSITE OF K-SWIFT

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO.

A.506/19 DATED 30-11-2020 ISSUED BY THE 3RD RESPONDENT