Citation : 2025 Latest Caselaw 11704 Ker
Judgement Date : 8 December, 2025
2025:KER:94881
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
WP(C) NO. 46230 OF 2025
PETITIONER:
JISMON M.L
AGED 43 YEARS
S/O. LOUIS M.O, PROPRIETOR, MURINGATHERY TRADING CO.,
RESIDING AT MURINGATHERY HOUSE, CHOWANNUR P.O.,
THRISSUR, PIN - 680517
BY ADVS.
SRI.D.KISHORE
SMT.MEERA GOPINATH
SRI.R.MURALEEKRISHNAN (MALAKKARA)
SHRI.ANANT KISHORE
RESPONDENTS:
1 THE CHOWANNUR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, CHOWANNUR P.O., THRISSUR,
PIN - 680517
2 THE PANCHAYAT COMMITTEE
REPRESENTED BY ITS CHAIRMAN, CHOWANNUR GRAMA PANCHAYAT,
CHOWANNUR P.O., THRISSUR, PIN - 680517
3 THE SECRETARY
CHOWANNUR GRAMA PANCHAYAT, CHOWANNUR P.O., THRISSUR,
PIN - 680517
SRI RAJPRADEEP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 46230 OF 2025 2
2025:KER:94881
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) No.46230 OF 2025
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Dated this the 8th day of December, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
"a. issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rdrespondent to consider and act on Exhibit P17 representation with specific reference to Exhibit P8 Building Age Certificate and to renew the trade license of the petitioner, if otherwise eligible.
b. Declare that the building of the petitioner bearing building No. 13/304 need not be regularized as the building was in existence prior to the coming in to force of the Kerala Panchayat Building Rules, 2011 and that the trade license of the petitioner cannot be refused to be renewed on the ground that the building is not regularized.
c. To dispense with the filing of English translation of vernacular documents produced along with the Writ Petition.
d. grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice."
[SIC]
2. When this writ petition came up for consideration, the
counsel for the petitioner submitted that, there may be a direction to
consider Ext.P17 by the 3rd respondent, and till then a status-quo with
respect to license may be allowed to continue.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the respondents.
4. After hearing both sides, I think that the prayer can be
allowed. But, I make it clear that the 3 rd respondent is free to pass
2025:KER:94881
appropriate orders in accordance with law, of-course in the light of Ext.P8.
Therefore, this writ petition is disposed of with the following
directions:
i) The 3rd respondent is directed to consider Ext.P17 in the
light of Ext.P8, after giving an opportunity of hearing to the
petitioner, as expeditiously as possible, at any rate, within a
period of two months from the date of receipt of a copy of
this judgment.
ii) Till final orders are passed in Ext.P17, a status-quo
regarding the license issued to the petitioner will continue.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 08.12.2025
Draft judgment placed 08.12.2025
Final Judgment uploaded 08.12.2025
2025:KER:94881
APPENDIX OF WP(C) NO. 46230 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 18.5.2023 ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 27.7.2024 ISSUED BY THE ASSISTANT ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P3 TRUE COPY OF THE LICENSE DATED 20.10.2025 ISSUED FROM THE DEPARTMENT OF FACTORIES BOILERS Exhibit P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE CERTIFICATE DATED 14.7.2025 ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY Exhibit P5 TRUE COPY OF THE LICENSE NO. JC3-880/2024 DATED 31.5.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 4.3.2025 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT EVIDENCING THE ACCEPTANCE OF RENEWAL APPLICATION Exhibit P7 TRUE COPY OF THE NOTICE NO.400670/RPTL 20/GA/2025/1435/(1) DATED 30.3.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 21.10.2024 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER WITH FILE NO. 5072001/209/2024 Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 17.4.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 26.4.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF THE PROCEEDINGS NO.40067020250304154719146 DATED 2.5.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P12 TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING OF THE 2ND RESPONDENT PANCHAYAT COMMITTEE DATED 8.5.2025 ALONG WITH ITS TYPED COPY
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Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 16.5.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P14 TRUE COPY OF THE PROCEEDINGS NO.
40067020250304154719146 DATED 4.8.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P15 TRUE COPY OF THE PROCEEDINGS NO.40067020240913151233219 DATED 4.8.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P16 TRUE COPY OF THE LICENSE NO. 2025/1435 DATED 4.8.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED 6.12.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR RENEWAL OF LICENSE Exhibit P17(a) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 6.12.2025 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT EVIDENCING THE ACCEPTANCE OF EXHIBIT P17
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