Shibu Chemmanam vs Mulakulam Grama Panchayat
2022 Latest Caselaw 1784 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                          WP(C) NO. 5170 OF 2022
PETITIONER:

              SHIBU CHEMMANAM
              AGED 47 YEARS
              S/O JOHN, CHEMMANAM(H), PERUMPADAVOM.P.O,
              PERUVA, KOTTAYAM DISTRICT-686610.
              BY ADVS.
              ALIAS M.CHERIAN
              K.M.RAPHY
              BRISTO S PARIYARAM
              NEENU ANNA BABU
              AJAI ALIAS CHALAPPURAM
RESPONDENTS:

     1        MULAKULAM GRAMA PANCHAYAT
              PERUVA.P.O, KOTTAYAM DISTRICT,PIN-686610
              REPRESENTED BY ITS PRESIDENT.
     2        THE SECRETARY,
              MULAKULAM GRAMA PANCHAYATH, PERUVA.P.O,
              KOTTAYAM DISTRICT, PIN-686610.
     3        VIGIL,
              AGED 45 YEARS
              FATHER'S NAME NOT KNOWN TO THE PETITIONER,
              FRIENDS SUPER SHOP, PERUVA, KOTTAYAM DISTRICT-686610.
     4        ANOOP,
              AGED 40 YEARS
              FATHER'S NAME NOT KNOWN TO THE PETITIONER,
              FRIENDS SUPER SHOP, PERUVA, KOTTAYAM DISTRICT-686610.
     5        LIBIN VINCENT,
              KATTUMPURATH(H), MALIPPURAM, VYPIN,
              ERNAKULAM DISTRICT, PIN-682511.
              SRI.ALEX M SCARIA,SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5170 OF 2022

                                          2




                                  JUDGMENT

Dated this the 16th day of February, 2022

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus or any other appropriate writ, directions or orders directing the 2nd and 3rd respondents to consider Ext.P4, P6 and P8 complaints before granting any license to the 5th respondent for starting fresh fish stall business at Peruva junction and the petitioner may be given an opportunity of personal hearing before taking a decision on Ext.P4, P6 and P8 complaints."

2. Heard the learned counsel for the petitioner and the learned standing

counsel appearing for respondents 1 and 2. In view of the directions being

issued, notice to respondents 3 to 5 is dispensed with.

3. It is submitted by the learned counsel for the petitioner that the

petitioner, who is conducting medical shop in licensed premises under the

respondent-Panchayat has submitted objections with regard to the grant of

license to respondents 3 to 5 for conducting a fish stall in nearby

premises. It is stated that several complaints have been preferred by the

neighboring shop owners but to no avail. Ext.P6 mass complaint as well

as Ext.P8 complaint have been submitted before the Secretary and that the WP(C) NO. 5170 OF 2022

same is liable to be considered, in accordance with law, before any license

is issued to respondents 3 to 5.

4. Having heard the learned standing counsel also, there will be a

direction to the 2nd respondent to take up Exts.P6 and P8 complaints

preferred by the petitioner and other adjoining shop owners and to

consider and pass orders on the same, in accordance with law, with notice

to the petitioner on behalf of the complainants and the party respondents

and after hearing them, through any appropriate means, including video

conferencing, within a period of three weeks from the date of receipt of a

copy of this judgment. If license has not already been granted to

respondents 3 to 5, it shall not be issued before orders are passed as

directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 5170 OF 2022

APPENDIX OF WP(C) 5170/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF LICENSE RETENTION LETTER NO.KTM/OUTWARD/332264 DATED 15/07/2020 ISSUED BY THE ASSISTANT DRUGS CONTROLLER, KOTTAYAM. Exhibit P2 TRUE COPY OF REGISTRATION FOR CONDUCTING MEDICAL SHOP ISSUED FROM THE COMMISSIONERATE OF FOOD SAFETY, KADUTHURUTHY CIRCLE Exhibit P3 TRUE COPY OF LICENSE NO.270/2021-2022 DATED 30/12/2021 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF COMPLAINT DATED 05/02/2022 SIGNED BY 16 PERSONS INCLUDING THE PETITIONER AND SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF RECEIPT NO.978 DATED 05/02/2022 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF COMPLAINT DATED 09/02/2022 SIGNED BY 33 PERSONS INCLUDING THE PETITIONER AND SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF RECEIPT NO.21 DATED 09/02/2022 ISSUED BY 2ND RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF COMPLAINT DATED 14/02/2022 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF RECEIPT NO.4166616 DATED 14/02/2022 ISSUED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL