Philip Thomas vs Elanthoor Grama Panchayat
2021 Latest Caselaw 7807 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                   WP(C).No.5869 OF 2021(G)


PETITIONER:

              PHILIP THOMAS, AGED 52 YEARS
              S/O.THOMAS,PERKOTTU PADINAREMURIYIL,
              ELANTHOOR.P.O, ELANTHOOR VILLAGE,
              KOZHENCHERRY,PATHANAMTHITTA DISTRICT-689643.

              BY ADVS.
              SRI.LIJU.V.STEPHEN
              SMT.INDU SUSAN JACOB

RESPONDENTS:

     1        ELANTHOOR GRAMA PANCHAYAT
              ELANTHOOR-689643.
              REPRESENTED BY THE SECRETARY.

     2        THE SECRETARY,
              ELANTHOOR GRAMA PANCHAYAT,
              ELANTHOOR-689643.

              SRI. ARUN B. VARGHESE SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 05.03.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5869 of 2021

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                      W.P.(C) No.5869 of 2021
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                               JUDGMENT

Challenging Ext.P9 notice issued by the second

respondent, the petitioner preferred Ext.P11 appeal before the first

respondent. The grievance of the petitioner in the writ petition

concerns the inaction on the part of the first respondent in taking a

decision on Ext.P11 appeal. The petitioner, therefore, seeks

appropriate directions in this regard in this writ petition.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for the respondents.

Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition directing

the first respondent to take a decision on Ext.P11 appeal with notice

to the petitioner, within six weeks. Ordered accordingly. Needless to

say, until orders are passed as directed above, further action

pursuant to Ext.P9 notice shall be deferred.

Sd/-

P.B.SURESH KUMAR JUDGE ds 05.03.2021 W.P.(C) No.5869 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PANCHAYAT LICENSE ISSEUD BY THE 1ST RESPONDENT DATED 9.11.2018 TO THE PETITIONER(BUILDING NO.XIII,STALL IN THE WESTERN SIDE OF THE ELANTHOOR MARKET).

EXHIBIT P2 A TRUE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER (BUILDING NO.XIII & WARD NO.14)DATED 9.11.2018

EXHIBIT P3 A TRUE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER (BUILDING NO.XIII & WARD NO.15)DATED 9.11.2018.

EXHIBIT P4 A TRUE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE 1ST RESPONDENT DATED 29.4.2019 TO THE PETITIONER (BUILDING NO.XIII).

EXHIBIT P4(A) A TRUE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE 1ST RESPONDENT DATED 29.04.2019 TO THE PETITIONER (BUILDING NO.XIII & WARD NO.14).

EXHIBIT P4(B) A TRUE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE 1ST RESPONDENT DATED 29.04.2019 TO THE PETITIONER (BUILDING NO.XIII & WARD NO.15,16).

EXHIBIT P5 A TRUE COPY OF THE REGISTRATION ISSUSED UNDER THE COMMISSIONERATE OF FOOD SAFETY TO THE PETITIONER DATED 24.03.2018(BUILDING NO.XIII/16).

EXHIBIT P5(A) A TRUE COPY OF THE REGISTRATION ISSUSED UNDER THE COMMISSIONERATE OF FOOD SAFETY TO THE PETITIONER DATED 24.03.2018(BUILDING NO.XIII/14)DATED 24.03.2018.

W.P.(C) No.5869 of 2021

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EXHIBIT P5(B) A TRUE COPY OF THE REGISTRATION ISSUSED UNDER THE COMMISSIONERATE OF FOOD SAFETY TO THE PETITIONER DATED 24.03.2018(BUILDING NO.XIII/

15)24.03.2018.

EXHIBIT P6 A TRUE COPY OF THE CONSENT TO OPERATE-

RENEWAL ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 10.05.2018 TO THE PETITIONER.

EXHIBIT P7 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR GRANTING D&O LICENSE (BUILDING NO.15/13)TO THE 1ST RESPONDENT DATED 25.02.2020.

EXHIBIT P7(A) A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR GRANTING D&O LICENSE (BUILDING NO.16/13)TO THE 1ST RESPONDENT DATED 25.02.2020.

EXHIBIT P7(B) A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR GRANTING D&O LICENSE(BUILDING NO.14/13)TO THE 1ST RESPONDENT DATED 25.02.2020.

EXHIBIT P8 A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT ISSUED TO THE PETITIONER IN CONNECTION WITH EXHIBIT P7,P7(A)AND P7(B)APPLICATIONS SENT TOGETHER.

EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 12.2.2021 SENT BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P10 A TRUE COPY OF THE REPLY SENT BY THE PETITIONER TO THE RESPONDENTS DATED 16.02.2021.

W.P.(C) No.5869 of 2021

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EXHIBIT P11 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER UNDER SECTION 276 OF THE KERALA PANCHAYAT RAJ ACT DATED 16.02.2021.