Kerala High Court
C.V.Moosa vs Niramaruthur Grama Panchayath on 16 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA,
1945
WP(C) NO. 4722 OF 2015
PETITIONER:
C.V.MOOSA, AGED 60 YEARS
S/O.MUHAMMED, MANAGING DIRECTOR, UNICHEM
INDUSTRIES PVT. LTD., D.NO. NP5/162,
P.O.NIRAMARUTHUR, TIRUR, MALAPPURAM DISTRICT.
BY ADV SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 NIRAMARUTHUR GRAMA PANCHAYATH
POST NIRAMARUTHUR, TIRUR, MALAPPURAM
REPRESENTED BY ITS SECRETARY, PIN - 676 109.
2 THE SECRETARY, NIRAMARUTHUR GRAMA PANCHAYATH,
POST NIRAMARUTHUR, TIRUR,
MALAPPURAM, PIN - 676 109.
3 BASHEER, THARAMMAL HOUSE, PATHAMPAD,
NIRAMARUTHUR, TIRUR, MALAPPURAM - 676 109.
BY ADVS.
SMT.BINDUMOL JOSEPH
SMT.M.C.BINDUMOL
SRI.K.RAMACHANDRAN
SRI.P.V.SURENDRANATH
SRI.B.S.SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).4722/2015
2
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(C).No.4722 of 2015
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Dated this the 16th day of February, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
a) Call for the records leading upto Ext.P9 notice and
to quash the same by issuing a writ of certiorari or
any other appropriate writ, order or direction.
and
b) Pass any other appropriate writ, order or direction
which this Hon'ble Court may deem fit to issue and
the petitioner may pray from time to time.
[SIC]
2. The short point raised by the petitioner is that Ext.P9 is
an order passed without giving an opportunity of hearing to the
petitioner.
3. When the matter came up for consideration on
13.02.2015, operation of Ext.P9 notice was kept in abeyance and the
order was extended until further orders on 25.05.2015. The interim
order is in force even now. In such circumstances, considering the
W.P(C).4722/2015
contentions of the petitioner that, Ext.P9 is an order issued without
giving an opportunity of hearing to the petitioner, I think Ext.P9
can be set aside and there can be a direction to the panchayath to
reconsider the matter, after giving an opportunity of hearing to the
petitioner.
Therefore, this Writ Petition is disposed of with the following
directions:
a) Ext.P9 is set aside.
b) The 1st respondent is directed to reconsider the
matter, after giving an opportunity of hearing to the
petitioner and the 3rd respondent, as expeditiously as
possible, at any rate within four months from the date
of receipt of a copy of this judgment.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).4722/2015
APPENDIX OF WP(C) 4722/2015
PETITIONER EXHIBITS
EXT.P1: THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE
DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, DATED
12/03/2007.
EXT.P2: THE TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED BY LEGAL METROLOGY DEPARTMENT, GOVERNMENT OF
KERALA DATED 07/11/2007.
EXT.P3: THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION
UNDER KVAT ACT DATED 30/06/2007.
EXT.P4: THE TRUE COPY OF THE LICENSE ISSUED BY THE
RESPONDENT GRAMA PANCHAYATH DATED 07/06/2007.
EXT.P5: THE TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT GRAMA PANCHAYATH FOR PAYMENT OF FEE FOR
RENEWAL OF EXT.P4 LICENSE DATED 29/02/2012.
EXT.P6: THE TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT GRAMA PANCHAYATH FOR PAYMENT OF FEE FOR
RENEWAL OF EXT.P4 LICENSE DATED 27/02/2013.
EXT.P7: THE TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT GRAMA PANCHAYAT FOR PAYMENT OF FEE FOR RENEWAL
OF EXT.P4 LICENSE DATED 19/03/2014.
EXT.P8: THE TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT GRAMA PANCHAYATH FOR PAYMENT OF FEE FOR
RENEWAL OF EXT.P4 LICENSE DATED 15/05/2014.
EXT.P9: THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT DATED 05/02/2015.
