Kerala High Court
Muhammed Iqbal vs Konni Grama Panchayat on 2 November, 2021
WP(C) NO. 18412 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 18412 OF 2021
PETITIONER/S:
MUHAMMED IQBAL,
AGED 48 YEARS
S/O. ABDUL RAZAK, M/S. A.R. GIFT HOUSE, SAJIDA
MANZIL, MANGARAM, KONNI 689 691.
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
EBEE ANTONY
ALEX THOMAS
RESPONDENT/S:
1 KONNI GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KONNI P.O.
PATHANAMTHITTA 689 691.
2 THE SECRETARY,
KONNI GRAMA PANCHAYATH, KONNI P.O., PATHANAMTHITTA
DISTRICT 689 691.
OTHER PRESENT:
SRI.V.K.SUNIL, SC FOR RESPONDENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18412 OF 2021 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.18412 of 2021
--------------------------------------
Dated this the 2nd day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"Issue a writ of certiorari calling for the records
leading to Ext P3 notice and P4 order, scrutinize
and quash the same;
i. Issue a direction restraining the
respondents from interfering with the business
of the petitioner conducted in accordance with
Ext P2 license.
ii. Pass such other orders, interlocutory or
otherwise, which are deemed fit and proper in
the interest of justice; and
iii. Allow this Writ Petition(Civil) with costs."
2. The petitioner is aggrieved by Ext.P4 order. He was
granted Ext.P2 licence to sell essential commodities like
provisions, milk, vegetables and fruits. It is the specific case of
the petitioner that, without notice or intimation to the
petitioner, the respondents cancelled Ext.P2 licence as per
Ext.P4 order. Aggrieved by the same, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the respondent.
4. The learned counsel for the petitioner reiterated her
contentions in the writ petition. The counsel submitted that
Ext.P4 is an order passed without hearing the petitioner. The
learned Standing Counsel on the other hand submitted that
the petitioner was given licence to do business in stationery
items. During the Covid season, the petitioner with an
intention to open his shop obtained Ext.P2 licence misleading
the Panchayat to the effect that, provisional items are also sold
in his shop.
5. I considered the contentions of the petitioner and
the respondents. It is an admitted case that Ext.P4 is an order
passed without hearing the petitioner. The main reason for
cancelling the licence is that during the Covid lockdown
period, the petitioner obtained Ext.P2 licence misleading the
Panchayat. Whatever that may be, admittedly, Ext.P4 is an
order passed, without giving an opportunity of hearing to the
petitioner. Now, the Covid situation already changed. I think
the matter can be reconsidered by the Panchayat, after giving
an opportunity of hearing to the petitioner.
Therefore, this writ petition is disposed in the following
manner :
1) Ext.P4 order is set aside.
2) The 2nd respondent is directed to reconsider the
matter after giving an opportunity of hearing to the
petitioner. The 2nd respondent is free to pass
appropriate orders in accordance to law.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 18412/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE NO. A6/3589/20-
21/626. ISSUED BY THE IST RESPONDENT FOR
2020-2021 DATED 10.11.2020.
Exhibit P2 TRUE COPY OF THE LICENSE NO. A6/4216/21-
22/405 FOR 2021-2011 ISSUED BY IST
RESPONDENT DATED 19.07. 2021.
Exhibit P3 TRUE COPY OF LETTER NO. A2-01/2021 ISSUED
BY THE RESPONDENT DATED 03.09.2021.
Exhibit P4 TRUE COPY OF ORDER NO. A6-4216/2201
ISSUED BY THE KONNI GRAMA PANCHAYAT DATED
03.09.2021.
