Abdul Razack M vs Mannur Grama Panchayat
2021 Latest Caselaw 15825 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                           WP(C) NO. 12925 OF 2021
PETITIONERS:

     1      ABDUL RAZACK M
            AGED 43 YEARS
            S/O. MUHAMMEDALI, MOHABATH MANZIL, LAKKIDI-PERUR-1,
            PALAKKAD, GANDHI SEVA SADAN, KERALA 679 302

     2      JASNA P.A
            W/O. ABDUL RAZACK M, MOHABATH MANZIL, LAKKIDI-PERUR-1,
            PALAKKAD, GANDHI SEVA SADAN, KERALA 679 302

            BY ADVS.
            ADARSH KUMAR
            K.M.ANEESH
            K.SANTHOSH KUMAR (KALIYANAM)
            BIJU VARGHESE ABRAHAM
            SHASHANK DEVAN



RESPONDENTS:

     1      MANNUR GRAMA PANCHAYAT
            REPRESENTED BY ITS SECRETARY, MANNUR, PALAKKAD, KERALA 678
            642

     2      THE PRESIDENT,
            MANNUR GRAMA PANCHAYAT, MANNUR, PALAKKAD, KERALA 678 642

     3      THE SECRETARY
            MANNUR GRAMA PANCHAYAT, PALAKKAD, KERALA 678 642


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                 W. P. (C) No.12925 of 2021
             ==================
             Dated this the 30th day of July, 2021

                             JUDGMENT

For conducting a business in the sale of

fireworks and crackers in a room bearing building No.8/464A of Ward No.8 of the first respondent

Panchayat, the petitioners submitted Ext.P4(B)

application dated 09.04.2021 before the third

respondent Secretary, for licence. As per Ext.P5

order dated 07.05.2021, the application has been

rejected on the ground of, 'objections by the local

residents'.

2. Mere objections raised by the local

residents is not a ground for rejection of the

application. According to the petitioners, they

posses all the necessary permissions and licences

for conducting the business in question from the

statutory authorities including the District

Magistrate. The application could not have been

rejected on the ground as mentioned. Be that as it

may, the application for licence needs to be W. P. (C) No.12925 of 2021

considered by the third respondent on its merits

dehors the objection raised in Ext.P5.

Accordingly, the writ petition is allowed.

Ext.P5 order rejecting the petitioners' application

is quashed. The third respondent shall consider the

application-Ext.P4(B) and pass fresh orders after

granting an opportunity of hearing to the

petitioners and also to produce the relevant

documents. Let orders be passed within a period of

two weeks from the date of receipt of a copy of

this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 12925/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 18-07-2014 IN FAVOUR OF THE 2ND PETITIONER.

Exhibit P2 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 23-02-2021 ISSUED BY THE 1ST RESPONDENT PANCHAYAT

Exhibit P2(A) A TRUE COPY OF THE RECEIPT DATED 23-02-2021 ISSUED BY THE 1ST RESPONDENT EVIDENCING THE PAYMENT OF PROPERTY TAX WITH RESPECT TO THE SUBJECT MATTER ROOM

Exhibit P2(B) A TRUE COPY OF THE TAX RECEIPT DATED 15-04-2021 FOR THE PERIOD 2020-2021 WITH RESPECT TO THE SUBJECT MATTER LAND ISSUED BY THE LAND REVENUE DEPARTMENT

Exhibit P2(C) A TRUE COPY OF THE DEED DATED 26-01-2020 EXECUTED IN FAVOUR OF THE 1ST PETITIONER BY THE 2ND PETITIONER

Exhibit P3 A TRUE COPY OF THE LICENSE DATED 09-03-2020 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD TO THE 2ND PETITIONER

Exhibit P3(A) A TRUE COPY OF THE PROCEEDINGS REPORT AND THE RESULTANT ORDER DATED 09-03-2020 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD

Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 27-11-

2019 ISSUED BY THE VILLAGE OFFICER, VILLAGE OFFICE, MANNUR TO THE TAHSILDAR, PALAKKAD

Exhibit P4(A) A TRUE COPY OF THE NOC DATED 07-04-2021 ISSUED BY THE OFFICE OF THE REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, PALAKKAD 678 001 WITH RESPECT TO THE SUBJECT ROOM.

Exhibit P4(B) A TRUE COPY OF THE APPLICATION DATED 09-04-2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4(C0 A TRUE COPY OF ACKNOWLEDGMENT OF RECEIPT DATED 09-04-2021 ISSUED BY THE 1ST RESPONDENT APPENDIX/WP(C) 12925/2021

Exhibit P5 A TRUE COPY OF THE COMMUNICATIOND ATED 07-05-

2021 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.

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