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Rasheed V. vs Pulikkal Grama Panchayath

Rasheed V. vs Pulikkal Grama Panchayath

Type Court Judgment Court Kerala Decided Jan 24, 2020
~2 min read
https://sooperkanoon.com/case/1735138

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/2057/2020

Parties & Advocates

Appellant / Petitioner

Rasheed V.

Respondent

Pulikkal Grama Panchayath

Excerpt

.....of 2020(f) 2judgmentpetitioner is stated to be conducting a retail business of shop of garments and have been issued ext.p1 dangerous and obstructive licence dated 23.04.2018 by the 2nd respondent. for the purpose of issuance of licence for the current year, i.e., 1 st april, 2019 to 31st march 2020, he submitted an application ext.p3 to the 2nd respondent but no action has been taken so far, despite the fact that ext.p2 sanitary certificate dated 04.10.2019, in this regard, has already been issued.2. sri.k. mohammed rafeeq, the learned counselappearing on behalf of the petitioner submits that the application has been submitted in terms of provisions of section 236(3) of the kerala panchayath raj act, 1994 and would not be averse in case an appropriate direction is issued to the 2nd respondent to consider the application.3. sri. r. ramdas appears for respondents. without expressing any opinion on the merits of the wp(c).no.2057 of 2020(f) 3matter, i dispose of the writ petition with a direction to the 2nd respondent to consider and decide the request of the petitioner within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner. sd/- amit rawal, judge skk//01022020 wp(c).no.2057 of 2020(f) 4appendix petitioner's exhibits: exhibit p1 true copy of the d&o license dated 23.04.2018. exhibit p1(a) english translation of exhibit p1 exhibit p2 true copy of the sanitary certificate dated 04.10.2019 issued by the health inspector, primary health center; pulikkal exhibit p2(a) english translation of exhibit p2 exhibit p3 true copy of the application dated 10.10.2019 for d&o license submitted by the petitioner before the second respondent. exhibit p3(a) english translation of exhibit p3respondents' exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 24TH DAY OF JANUARY 2020 / 4TH MAGHA, 1941 WP(C).No.2057 OF 2020(F) PETITIONER: RASHEED V. AGED 36 YEARS, S/O. MUHAMMED KUTTY, THAZHATHETHIL HOUSE, PULLANCHERY, KUZHUMANNA P.O., KUZHIMANNA VILLAGE, KONDOTTY TALUK, MALAPPURAM DISTRICT - 673 641 BY ADV. SRI.K.MOHAMMED RAFEEQ RESPONDENTS: 1 PULIKKAL GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY 2 THE SECRETARY, PULIKKAL GRAMA PANCHAYATH, BY SRI.R. RAMDAS, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.2057 OF 2020(F) 2

JUDGMENT

Petitioner is stated to be conducting a retail business of shop of garments and have been issued Ext.P1 Dangerous and Obstructive licence dated 23.04.2018 by the 2nd respondent. For the purpose of issuance of licence for the current year, i.e., 1 st April, 2019 to 31st March 2020, he submitted an application Ext.P3 to the 2nd respondent but no action has been taken so far, despite the fact that Ext.P2 Sanitary Certificate dated 04.10.2019, in this regard, has already been issued.

2. Sri.K. Mohammed Rafeeq, the learned counsel

appearing on behalf of the petitioner submits that the application has been submitted in terms of provisions of Section 236(3) of the Kerala Panchayath Raj Act, 1994 and would not be averse in case an appropriate direction is issued to the 2nd respondent to consider the application.

3. Sri. R. Ramdas appears for respondents. Without expressing any opinion on the merits of the WP(C).No.2057 OF 2020(F) 3

matter, I dispose of the writ petition with a direction to the 2nd respondent to consider and decide the request of the petitioner within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner. Sd/- AMIT RAWAL, JUDGE Skk//01022020 WP(C).No.2057 OF 2020(F) 4

APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE D&O LICENSE DATED 23.04.2018. EXHIBIT P1(A) ENGLISH TRANSLATION OF EXHIBIT P1 EXHIBIT P2 TRUE COPY OF THE SANITARY CERTIFICATE DATED 04.10.2019 ISSUED BY THE HEALTH INSPECTOR, PRIMARY HEALTH CENTER; PULIKKAL EXHIBIT P2(A) ENGLISH TRANSLATION OF EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 10.10.2019 FOR D&O LICENSE SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXHIBIT P3(A) ENGLISH TRANSLATION OF EXHIBIT P3

RESPONDENTS' EXHIBITS: NIL

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Same Court & Year Kerala · 2020 Same Parties Rasheed V. vs Pulikkal Grama Panchayath Same Judge Honourable Mr. Justice Amit Rawal

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