Shafi.M.M vs State Of Kerala
2023 Latest Caselaw 12851 Ker

Kerala High Court

Shafi.M.M vs State Of Kerala on 8 December, 2023

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                   WP(C) NO. 37795 OF 2023


PETITIONER:

          SHAFI.M.M
          AGED 38 YEARS
          S/O. MAJEED,
          MADATHILPARAMBIL HOUSE,
          KOOLIMUTTAM P.O.,
          PROPRIETOR CLICK HOME DELIVERY SERVICES,
          MATHILAKAM P.O.
          THRISSUR DISTRICT., PIN - 680685

          BY ADVS.
          P.JINISH PAUL
          SNEHA V.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY COMMISSIONER OF FOOD SAFETY,
          COMMISSIONERATE OF FOOD SAFETY,
          FOOD SAFETY AND STANDARD AUTHORITY OF INDIA,
          THYCAUD.P.O, THIRUVANANTHAPURAM., PIN - 695014

    2     THE SECRETARY
          MATHILAKOM GRAMA PANCHAYAT,
          MATHLAKOM P.O., THRISSUR DISTRICT., PIN - 680685

          BY ADVS.
          NOUSHAD K A
          AMRIN FATHIMA(K/224/2016)
 W.P.(C).No.37795 of 2023
                                    -:2:-




OTHER PRESENT:

             SMT.K.AMMINIKUTTY
             SENIOR GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.12.2023,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.37795 of 2023
                                       -:3:-




                        BECHU KURIAN THOMAS, J.
                      -----------------------------------------
                         W.P.(C).No.37795 of 2023
                     -------------------------------------------
                  Dated this the 8th day of December, 2023


                                  JUDGMENT

Petitioner had applied for a trade licence for conducting a home

delivery business of various products including food. He has obtained a

registration certificate from the Food Safety and Standards Authority of

India. Petitioner's application before the second respondent was

acknowledged as per Ext.P4 dated 05.01.2023. Petitioner complains

that despite lapse of almost eleven months, the second respondent has

not taken any decision on the said application.

2. Having heard Sri. Jinish Paul, the learned counsel for the

petitioner and Sri. K.A.Noushad, the learned Standing Counsel for the

second respondent as well as Smt. K.Amminikutty, the learned Senior

Government Pleader, I am of the view that, petitioner's application for

trade licence is required to be considered in a time bound manner. The

statute provides a specific time limit within which the application has to

be considered, failing which, a deemed licence can also be claimed by

the applicant.

3. In the above circumstances, there will be a direction to the 2 nd

respondent to consider and pass appropriate orders on the application

evidenced by Ext.P4 acknowledgment certificate, as expeditiously as

possible, at any rate, within a period of 30 days from the date of receipt

of a copy of this judgment. Considering the circumstances,

proceedings pursuant to Ext.P7 shall be kept in abeyance till a decision

is taken as directed.

Writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/08.12.23.

APPENDIX OF WP(C) 37795/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE RENTAL AGREEMENT DATED 05-01-2023.

Exhibit P2 TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE DATED 26-02-2021.

Exhibit P3 TRUE COPY OF REGISTRATION CERTIFICATE DATED 05-01-2023 ALONG WITH CONNECTED DOCUMENTS.

Exhibit P4                 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
                           05-01-2023   ISSUED   FROM    THE   2ND
                           RESPONDENT.

Exhibit P5                 TRUE COPY OF THE E-CHALLAN DATED 02-01-
                           2023.

Exhibit P6                 TRUE COPY OF THE REPRESENTATION ALONG

WITH NON-OBJECTION LETTER DATED 22-12- 2022.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 13-10-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.