Citation : 2022 Latest Caselaw 1226 Ker
Judgement Date : 28 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
WP(C) NO. 28435 OF 2016
PETITIONER:
PAVITHRAN, AGED 63, S/O KUNCHAPPAN, VAYAKKATTIL HOUSE,
VADANAPPILLY, THRISSUR.
BY ADVS.SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.VINAYA V.NAIR
RESPONDENTS:
1 VADANAPPILLY GRAMA PANCHAYAT,
VADANAPPILLY, THRISSUR DISTRICT-680 001.
2 SOBHANA, D/O PRABHAKARAN, PAKKATH, VADANAPPALLY P.O,
CHAVAKKAD VILLAGE, THRISSUR DISTRICT 680 001.
BY ADVS.SRI.MANSOOR.B.H.
SRI.RAJIT
SRI.S.U.NAZAR
SRI.RAJIT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28435 OF 2016
:: 2 ::
JUDGMENT
Dated this the 28th day of January 2022
This writ petition is filed in the year 2016 challenging Ext.P5 notice
issued by the Secretary of the Vadanappilly Grama Panchayat dated
12.8.2016 whereby, a pet shop conducted by the petitioner was directed to
be stopped abruptly on the ground that the petitioner has not taken a
license from the Secretary of the Grama Panchayat.
2. I do not think a detailed deliberation of the issues raised by the
petitioner is required since the subject issue relates to the year 2014-15 and
that apart, learned counsel appearing for the Grama Panchayat submitted
that he is informed that the petitioner is not conducting the pet shop in the
premises.
3. Anyhow, petitioner has a contention that license is not being issued
by the Secretary of the Grama Panchayat to the petitioner in collusion with
the second respondent - the owner of the building wherein the petitioner is
conducting the pet shop. Anyhow, the subject matter of the writ petition
was only confining to the year 2014-15. If the petitioner is still in ownership
of the building and conducting the pet shop, if any application is submitted WP(C) NO. 28435 OF 2016 :: 3 ::
for renewal of license, the same shall be considered by the Secretary of the
Grama Panchayat in accordance with law for any ensuing years at the
earliest possible.
Writ petition is disposed of.
sd/-
SHAJI P. CHALY JUDGE jes WP(C) NO. 28435 OF 2016 :: 4 ::
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY THE 1ST RESPONDENT PANCHAYAT FOR THE PERIOD 2014-15
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 07-12-2015 ISSUED BY THE 1ST RESPONDENT PANCHAYAT.
EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT PANCHAYAT DATED 28-04-2016
EXHIBIT P4 TRUE COPY OF THE JUDMENT DATED 22-07-2016 IN WP(C) NO 17170/2016
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 12-08-2016 ISSUED BY THE 1ST RESPONDENT PANCHAYAT.
// TRUE COPY //
P.S. TO JUDGE
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