Kerala High Court
Luca Joseph vs The Karunapuram Grama Panchayat on 6 September, 2024
WP(C)Nos.12625/2024 & 16420/2024 1 2024:KER:67882
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 12625 OF 2024
PETITIONER:
ANSARI, AGED 39 YEARS
S/O SHAHUL HAMEED ,11/524, BLOCK NO.
342,THOOKKUPALAM,CHOTTUPARA .P.O.,
PARATHODU,IDUKKI DISTRICT, PIN - 685552
BY ADVS.
H.NUJUMUDEEN
ANTONY SHYJU
SHERIN ACHU NINAN
P.M.MOHAMMED HASSAN
RESPONDENT:
THE SECRETARY KARUNAPURAM GRAMA PANCHAYATH,
KOOTTAR.P.O.,IDUKKI DISTRICT, PIN - 685552
BY ADV SMT.JASMINE V.H., SC, KARUNAPURAM GRAMA
PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024, ALONG WITH WP(C).16420/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.12625/2024 & 16420/2024 2 2024:KER:67882
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 16420 OF 2024
PETITIONER:
LUCA JOSEPH,AGED 64 YEARS
S/O JOSEPH, KARUKACHERIL HOUSE,
KATTAPPANA.P.O, IDUKKI DISTRICT, PIN - 685508
BY ADVS.
C.H.ABDUL RASAC
K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 THE KARUNAPURAM GRAMA PANCHAYAT,
KUTTAR.P.O, IDUKKI DISTRICT,
REP. BY ITS SECRETARY, PIN - 685552
2 THE SECRETARY,
KARUNAPURAM GRAMA PANCHAYAT,KUTTAR.P.O,
IDUKKI DISTRICT, PIN - 685552
3 ANSARI, AGED 45 YEARS
S/O SHAHUL, PUTHENPURACKAL HOUSE,KALLAR.P.O,
THOOKKUPALAM, IDUKKI DISTRICT, PIN - 685552
BY ADVS.
SMT.JASMINE V.H., SC, NEDUMKANDAM BLOCK PANCHAYAT
H. NUJUMUDEEN
ANTONY SHYJU(K/1180/2009)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024, ALONG WITH WP(C).12625/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.12625/2024 & 16420/2024 3 2024:KER:67882
MOHAMMED NIAS C.P., J.
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WP(C)Nos.12625 of 2024 and 16420 of 2024
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Dated this the 6th day of September, 2024
JUDGMENT
The prayer in the writ petition is to renew Ext.P1 licence to run a meat
stall dated 22.8.2023.
2. A counter affidavit has been filed on behalf of the Panchayat,
wherein, it is stated as follows:
"5. It is respectfully submitted that the petitioner herein was the successful
bidder of the meat stall for the year 2018-19, 2021-22, 2023-24. The
petitioner auctioned the selling right of the meat stall from Panchayat for
the year 2023-24. The licence of the petitioner to conduct the meat stall for
the year 2024-25 was expired but he is continuing the functioning of the
meat stall on the basis of the interim order passed by this Hon'ble Court on
27.03.2024. The petitioner is conducting the meat stall in front of the stall of
Mr. Luca Joseph who is the petitioner in WPC No. 16420/2024,who is the
successful bidder for the year 2024-2025."
3. In view of the above statement that the petitioner has not even
WP(C)Nos.12625/2024 & 16420/2024 4 2024:KER:67882
participated in the auction for the current year, no relief can be granted in the
writ petition. Accordingly, the interim order granted on 22.3.2024 is vacated. It is
made clear that the petitioner cannot conduct the meat shop as he does not have
a valid licence.
The writ petition is accordingly dismissed.
In view of the dismissal of WP(C)No.12625/2024, nothing further
remains to be considered in this writ petition. Accordingly, the same is closed.
Sd/- MOHAMMED NIAS C.P.
JUDGE
dlk/6.9.2024
WP(C)Nos.12625/2024 & 16420/2024 5 2024:KER:67882
APPENDIX OF WP(C) 16420/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE AUCTION NOTICE NO.SC 1-
110/2024 DATED 12.02.2024
EXHIBIT P2 THE TRUE COPY OF THE RECEIPTS DATED
05.03.2024 & 13.03.2024 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
ISSUED BY THE 2ND RESPONDENT
WP(C)Nos.12625/2024 & 16420/2024 6 2024:KER:67882
APPENDIX OF WP(C) 12625/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LICENCE DATED 22.08.2023
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR LICENCE
RENEWAL DATED 1.3.2024 ISSUED BY KARUANAPURAM
GRAMA PANCHAYATH
EXHIBIT P3 TRUE COPY OF THE ACKNOLEDGMENT NOTICE DATED
11.3.2024 ISSUED BY THE KARUANAPURAM GRAMA
PANCHAYATH
EXHIBIT P 4 TRUE COPY OF THE REPRESENTATION DATED
18.3.2024 ALONG WITH ITS RECEIPT
EXHIBIT P5 TRUE COPY OF THE NO OBJECTION CERTIFICATE
DATED 7.3.2024 ISSUED BY THE HEALTH CENTRE ,
KARUNAPURAM
EXHIBIT P6 TRUE COPY OF THE FSSAI CERTIFICATE DATED
12.11.2021 ISSUED BY THE COMMISSIONARATE OF
FOOD SAFETY
EXHIBIT P7 TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE
DATED 7.3.2024 ISSUED BY THE MEDICAL OFFICER
OF COMMUNITY HEALTH CENTRE
EXHIBIT P8 TRUE COPY OF THE ORDER IN WP(C) NO.
12511/2023 DATED 5.4.2023 BY HON'BLE HIGH
COURT OF KERALA.
RESPONDENT'S EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE DECISION NO. 3(1) DATED
12.02.2024 OF THE KARUNAPURAM GRAMA PANCHAYAT
