Kerala High Court
Darul Furquan Girls Home vs The Thenkara Grama Panchayath on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO. 33896 OF 2023
PETITIONER :
DARUL FURQUAN GIRLS HOME,
CHIRAPPADAM P.O., THENKARA,
MANNARKKAD, PALAKKAD DISTRICT,
REPRESENTED BY ITS SECRETARY,
ABDU RAHIM, AGED 41 YEARS, S/O.HAMZA,
NECHIYODAN HOUSE, PARASSERY, PALAKKAD DISTRICT,
PIN - 678 582
BY ADVS.
BABU S. NAIR
SMITHA BABU
P.A.RAJESH
NISHA J.KOCHERY
RESPONDENTS :
1 THE THENKARA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
THENKARA, PALAKKAD DISTRICT,
PIN - 678 582
2 THE SECRETARY,
THENKARA GRAMA PANCHAYATH, THENKARA,
PALAKKAD DISTRICT, PIN - 678 582
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33896 OF 2023
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.33896 of 2023
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Dated this the 26th day of October, 2023
JUDGMENT
Petitioner is a charitable society running an orphanage for girls.
Petitioner had applied for the grant of a fitness certificate for the
orphanage run by it. The orphanage has been in existence from the year
2010 and that even the property tax for the building had been demanded
apart from issuing a sanitary certificate on 05.09.2023 by the Health
Inspector of the Panchayat, claims the petitioner. Despite the above,
petitioner's application for grant of a fitness certificate has not been
considered nor any orders passed thereon. In the above circumstances,
petitioner has sought for a direction to issue the fitness certificate
immediately.
2. Considering the nature of contentions urged by the learned
counsel for the petitioner, I am of the view that this writ petition can be
disposed of dispensing with notice to the respondents, having regard to
the nature of order that I propose to issue.
3. Since petitioner's application dated 16.10.2023 for issuance of a
fitness certificate a copy of which is produced as Ext.P5 is pending
consideration before the 2nd respondent, I am of the view that this writ
petition can be disposed of with a direction.
WP(C) NO. 33896 OF 2023
4. Accordingly, there will be a direction to the 2 nd respondent to
consider and pass appropriate orders on the application for fitness
certificate submitted by the petitioner dated 16.10.2023, as expeditiously
as possible, at any rate, within a period of ten days from the date of
receipt of a copy of this judgment, bearing in mind the demand of tax
made as per Ext.P3 as well as the certificate of sanitary fitness issued to
the petitioner already.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 33896 OF 2023
APPENDIX OF WP(C) 33896/2023
PETITIONER'S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE ISSUED BY THE SPECIAL
SECRETARY TO THE GOVERNMENT, SOCIAL
JUSTICE DEPARTMENT, GOVERNMENT OF KERALA,
DATED 28-3-2018
Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF
RECOGNITION ISSUED BY THE BOARD OF CONTROL
FOR ORPHANAGES AND OTHER CHARITABLE HOMES
DATED 22-7-2015
Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE ISSUED TO
THE PETITIONER BY THE 2ND RESPONDENT
DATED, 15-10-2022
Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF SANITARY
FITNESS ISSUED BY THE HEALTH INSPECTOR,
PRIMARY HEALTH CENTRE, THENKARA, DATED
5-9-2023
Exhibit P5 A TRUE COPY OF THE APPLICATION FOR FITNESS
CERTIFICATE SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT DATED 16-10-2023
Exhibit P6 TRUE COPY OF THE COVERING LETTER SUBMITTED
ALONG WITH EXHIBIT P5 DATED 16-10-2023
Exhibit P7 A TRUE COPY OF THE CHALLAN SHOWING THE
REMITTANCE OF FEES FOR THE ISSUANCE OF
FITNESS CERTIFICATE DATED 16-10-2023
