M. Abdul Nadeer vs The Ramanattukara Grama ...
2021 Latest Caselaw 22198 Ker

W.P.(C) No.7977/2013                :1:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943

                          WP(C) NO. 7977 OF 2013

PETITIONER/S:

             M. ABDUL NADEER
             MARANGATTU POYIL THODI, CHELAMBRA P.O., MALAPPURAM

             BY ADVS.
             SRI.T.R.HARIKUMAR



RESPONDENT/S:

     1       THE RAMANATTUKARA GRAMA PANCHAYAT
             REPRESENTED BY ITS SECRETARY, RAMANATTUKARA, MALAPPURAM -
             673 633.

     2       THE SECRETARY
             RAMANATTUKARA GRAMA PANCHAYAT, RAMANATTUKARA,
             MALAPPURAM - 673 633.

     3       P.MUJEEB RAHMAN
             ZAIBOONA MANZIL, RAMANATTUKARA P.O., KOZHIKODE - 673 633.

             BY ADVS.
             SRI.N.AJITH
             R1 & R2 BY SRI.P.B.KRISHNAN
             SRI.P.M.NEELAKANDAN
             R3 BY SRI.R.RAMADAS
             SRI.P.B.SUBRAMANYAN




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.7977/2013                :2:


             Dated this the 5th day of November, 2021.

                             JUDGMENT

This writ petition is filed seeking the following reliefs:

1. To issue a writ of certiorari calling for the records leading to the issuance of Exts.P15 and P18 order and quash the same.

2. To declare that the petitioner is entitled to conduct a chicken stall in the shop room bearing No. KPV-850 in Ramanattukara Panchayat without let or hindrance from respondents 1 and 2.

2. The subject issue relates to the chicken stall conducted by

the petitioner and the action taken by the Secretary of the

Ramanattukara Grama Panchayat against the petitioner for not

renewing the licence.

3. The learned counsel for the petitioner submitted that the

petitioner has acquired a deemed licence. The primary contention of

the petitioner is that, though an application for licence was submitted,

Secretary of the Grama Panchayat has not taken any action within the

time specified under law, and consequent to which a deemed licence

was acquired by the petitioner. Anyway, the subject issue relates to the

year 2013.

4. However, today, when the matter was taken up for

consideration, learned counsel for the petitioner submitted that the

petitioner has submitted an application for the period 2020-2021 and

he is issued with a licence by the Secretary of the Grama Panchayat

and the chicken stall is being conducted by the petitioner on the

strength of the licence so issued.

5. In my considered opinion, the subject matter of the writ

petition relates to the year 2013 and therefore, nothing survives to be

considered or adjudicated in this writ petition, especially due to the

development that have taken place during the pendency of the writ

petition, and as per the law as it stood then, licenses were issued and

renewed for a period of one year.

In that view of the matter, after hearing the learned counsel for

the petitioner and the learned counsel for the Grama Panchayat, this

writ petition is disposed of recording that the business in question is

being conducted by the petitioner now after securing licence from the

Secretary of the Grama Panchayat.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 7977/2013

PETITIONER'S EXHIBITS:

EXHIBIT P1: COPY OF THE JUDGMENT WPC NO.15571 OF 2007 DATED 11/12/2007.

EXHIBIT P2: COPY OF THE ORDER NO.B6 2092/07 DATED 9/4/2008.

EXHIBIT P3:COPY OF RESOLUTION NO.VI DATED 25/11/2008 OF THE MANAGING COMMITTEE OF THE 1ST RESPONDENT.

EXHIBIT P4:COPY OF THE ORDER IN R.P NO.129 OF 2008 DATED 13/5/2009 OF THE TRIBUNAL OF THE LOCAL SELF GOVERNMENT INSTITUTION.

EXHIBIT P5:COPY OF JUDGMENT IN WPC NO.14007OF 2009 DATED 2/3/2010.

EXHIBIT P6:COPY OF JUDGMENT IN WPC NO.19936 OF 2010 DATED 16/8/2010

EXHIBIT P7:COPY OF JUDGMENT IN W.A NO.1407 OF 2010 DATED 22/9/2010

EXHIBIT P8: COPY OF JUDGMENT IN W.A NO.1513 OF 2010 DATED 22/9/2010.

EXHIBIT P9:COPY OF JUDGMENT IN WPC NO.27207 OF 2010 DATED 2-9/2010

EXHIBIT P10: COPY OF ORDER NO.B1.15527/10 DATED 06/12/2010

EXHIBIT P11: COPY OF THE INTERIM ORDER IN WPC NO.4328 OF 2011 DATED 21/02/2011

EXHIBIT P12: COPY OF THE JUDGMENT IN WPC NO.4328 OF 2011 DATED 09/08/2012

EXHIBIT P13: COPY OF THE APPLICATION FOR LICENCE SUBMITTED BY THE PETITIONER DATED 14/08/2012.

EXHIBIT P14: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 29/09/2012.

EXHIBIT P15: COPY OF THE COMMUNICTION NO.C1.10251/12 DATED 31/12/2012.

EXHIBIT P16: COPY OF THE COMMUNICATION NO.PCB. K.K.D/DO/2541/2012 DATED 12/02/2013 OF THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD.

EXHIBIT P17: COPY OF THE REPLY FILED BY THE PETITIONER DATED NIL

EXHIBIT P18: COPY OF THE NOTICE NO.CI.10251/12 DATED 01/03/2013 OF THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS: NIL /True Copy/