Wazeem Ibrahim vs Marakkara Grama Panchayat
2021 Latest Caselaw 3304 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.27690 OF 2020(I)

PETITIONER/S:

      1           WAZEEM IBRAHIM
                  S/O. IBRAHIM KELAM PADIKKAL, AGED 22 YEARS
                  KELAMPADIKKAL HOUSE, VILLOOR, INDIANOOR, KOTTAKKAL
                  P.O., MALAPPURAM DISTRICT, REPRESENTED BY HIS POWER
                  OF ATTORNEY HOLDER IBRAHIM KELAM PADIKKAL, S/O.
                  KUNHI MOHAMED, AGED 63 YEARS, KELAMPADIKKAL HOUSE,
                  EAST VILLUR, INDIANOOR, KOTTAKKAL P.O., MALAPPURAM
                  DISTRICT.

      2           IBRAHIM KELAM PADIKKAL,AGED 63 YEARS
                  S/O. KUNHI MOHAMED, KELAMPADIKKAL HOUSE, EAST
                  VILLUR, INDIANOOR, KOTTAKKAL P.O., MALAPPURAM
                  DISTRICT.

                  BY ADVS.
                  SRI.K.P.SUDHEER
                  SMT.C.K.SHERIN

RESPONDENT/S:

      1           MARAKKARA GRAMA PANCHAYAT
                  P.O. MARAKKARA-676 553, MALAPPURAM DISTRICT,
                  REPRESENTED BY ITS SECRETARY.

      2           SECRETARY,MARAKKARA GRAMA PANCHAYAT, P.O.
                  MARAKKARA-676 553, MALAPPURAM DISTRICT.

      ADDL.R3     THE APPEAL COMMITTEE,MARAKKARA GRAMA
                  PANCHAYAT, P.O. MARAKKARA - 676553
                  MALAPPURAM DISTRICT, REPRESENTED BY
                  ITS PRESIDENT,SOUGHT TO BE IMPLEADED

ADDL.R3 IS IMPLEADED AS PER ORDER DATED 29.01.2021 IN I.A.NO.1 OF
2021
             R1-2 BY ADV. SRI.JAMSHEED HAFIZ,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27690 OF 2020(I)                2




                                   JUDGMENT

Against Ext.P4 order rejecting an application for trade licence, the

petitioners have preferred Ext.P8 appeal and Ext.P9 stay petition before the 3 rd

respondent. The limited prayer in this writ petition is for a direction to the 3 rd

respondent to consider and pass orders on the appeal expeditiously, after hearing

the petitioners.

2. Heard the learned counsel for the petitioners and also the learned

Standing Counsel for the respondents.

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

submissions made across the Bar, I dispose the writ petition with a direction to the

3rd respondent to consider and pass orders on Ext.P8 appeal preferred by the

petitioners within the outer limit of three weeks from the date of receipt of a copy

of this judgment after hearing the petitioners. The petitioners shall produce a

copy of the writ petition together with a copy of this judgment before the 3 rd

respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PROPERTY TAX RECEIPT DATED 26.5.2020 ISSUED BY THE RESPONDENT PANCHAYAT IN RESPECT OF SHOP ROOM NO.20/117.

EXHIBIT P2 TRUE COPY OF PROPERTY TAX RECEIPT DATED 26.5.2020 ISSUED BY THE RESPONDENT PANCHAYAT IN RESPECT OF SHOP ROOM NO.20/118.

EXHIBIT P3 TRUE COPY OF SANITARY FITNESS CERTIFICATE NO.A3-66/2020 DATED 7.3.2020 ISSUED BY THE HEALTH INSPECTOR, MARAKKARA.

EXHIBIT P4 TRUE COPY OF ORDER NO.B4-2797/2020 DATED 13.8.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF NOTICE NO.A2-457/2020 DATED 18.8.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF ORDER DATED 6.10.2020 IN I.A.NO.808/2020 IN APPEAL NO.432/2020 PASSED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT P7 TRUE COPY OF LETTER NO.B4-2797/2020 DATED 1.10.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF APPEAL MEMORANDUM DATED 6.10.2020 FILED BY THE IST PETITIONER PANCHAYAT.

EXHIBIT P9 TRUE COPY OF INTERLOCUTORY APPLICATION DATED 6.10.2020 FILED BY THE IST PETITIONER IN EXT.P8 APPEAL BEFORE THE APPEAL COMMITTEE, MARAKKARA GRAMA PANCHAYAT.

EXHIBIT P10 TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED 7.10.2020 ISSUED BY THE RESPONDENT PANCHAYAT.

EXHIBIT P11 TRUE COPY OF POWER OF ATTORNEY DATED 5.12.2020 ISSUED BY THE IST PETITIONER IN FAVOUR OF THE 2ND PETITIONER.