Pradeep Kumar P.C vs Poothadi Grama Panchayat
2021 Latest Caselaw 15348 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                             WP(C) NO. 14195 OF 2021
PETITIONER:

              PRADEEP KUMAR P.C.
              PUTHENPURAYIL HOUSE, POOTHADI PO, WAYANAD, PIN - 673596.

              BY ADVS.
              RAJESH VIJAYAN
              SIKHA S.NAIR



RESPONDENTS:

     1        POOTHADI GRAMA PANCHAYAT
              KENICHIRA PO, WAYANAD, PIN - 673596.

     2        SECRETARY, POOTHADI GRAMA PANCHAYAT, KENICHIRA PO, WAYANAD,
              PIN - 673596.

     3        DISTRICT FIRE OFFICER, OFFICE OF THE DISTRICT FIRE OFFICER,
              FIRE AND RESCUE SERVICES, KALPETTA, WAYANAD - 673121.

     4        GIRIJA, D/O SUMATHY, CHALIL HOUSE, KENICHIRA PO, WAYANAD,
              PIN - 673596.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                W. P. (C) No.14195 of 2021
            ==================
            Dated this the 22nd day of July, 2021

                           JUDGMENT

The petitioner had been conducting business in

fire crackers in building No.P.P.16/606 of the first respondent Panchayat. The grievance of the

petitioner is that, the 4th respondent has sought

for issuance of licence from the Panchayat for

conducting of a hotel in the adjacent room and that

licence cannot be granted for such business in the

adjacent room. Such conduct would be in violation

of the explosive rules, contends the petitioner.

The petitioner confines his relief for a

consideration of Ext.P4 complaint filed by him

before the second respondent-Secretary before

issuance of licence to the 4th respondent. The

learned counsel for the petitioner asserts that,

licence has not been issued to him so far.

2. Without expressing anything on merits, I

dispose of this writ petition directing the second

respondent to consider Ext.P4 objections submitted W. P. (C) No.14195 of 2021

by the petitioner, with due notice to the

petitioner and the 4th respondent, and pass

appropriate orders thereon, prior to the grant of

licence if any sought for by the 4th respondent for

the purpose mentioned above. Let orders be passed

within a period of three weeks from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 14195 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF THE LICENSE DATED 1.4.19 ISSUED BY THE RESPONDENT.

EXT.P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT FIRE OFFICER DATED 3.4.21.

EXT.P3 TRUE COPY OF THE PROCEEDINGS OF ADDL. DISTRICT MAGISTRATE DATED 22.3.19.

EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 21.4.21 PREFERRED BY THE PETITIONER.

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