Disposed
Rahiyanath Azad v. the State of Kerala
Kerala HCWP(C)/10216/2009
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931
WP(C).No. 10216 of 2009(V) --------------------------------------
PETITIONER:
-------------------
RAHIYANATH AZAD, W/O.AZAD, MALIKA VEEDU, LAKSHMI NADA, KOLLAM.
BY ADVS. MR.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN.
RESPONDENTS:
------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT. LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE THRIKKADAVOOR GRAMA PANCHAYATH (SPECIAL GRADE), ANCHALUMMOODU, PERINAD P.O., KOLLAM, REPRESENTED BY ITS SECRETARY.
3. THE THRIKKADAVOOR GRAMA PANCHAYATH COUNCIL, REPRESENTED BY ITS PRESIDENT, ANCHALUMOODU, PERINAD P.O., KOLLAM.
*ADDL.R4 IMPLEADED:
4. ANZAR RAHIM, S/O. LATE A.A. RAHIM, AGED 61 YEARS, PALM GROVE, THEKKEVILA, KOLLAM.
*ADDL. R4 IS IMPLEADED AS PER ORDER DATED 04/06/2009 IN I.A. NO. 6247/09.
ADDL.R4 BY ADVS.MR.K.K.M.SHERIF, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN, SMT.SHEENA SAMUEL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.10216/2009-V:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE LICENSE ISSUED IN THE NAME OF ONE SHAJAHAN DTD. 27/11/03.
EXT.P.2: COPY OF THE LICENSE ISSUED IN THE NAME OF THE PETITIONER DTD. 19/04/07.
EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.28590/07 DTD. 24/03/08 OF THIS HONOURABLE COURT.
EXT.P.4: COPY OF THE ORDER PASSED BY THE R.2. DTD. 20/05/08.
EXT.P.5: COPY OF THE ORDER PASSED BY THE R.2. DTD. 21/03/09.
EXT.P.6: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE R.3. DTD. 07/03/09.
EXT.P.7: COPY OF THE MEETING NOTICE OF THE R.3. DTD. 20/03/09.
RESPONDENTS' EXHIBIT:
EXT.R4.A: COPY OF THE LEASE DEED 27/03/2004, THE STAMP PAPER IS PURCHASED ONLY ON 31/03/2009.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.10216 OF 2009
Dated this the 4th day of June, 2009
JUDGMENT
The petitioner has filed a statutory appeal before the third respondent against the decision of the second respondent refusing to grant renewal of licence. That appeal has to be considered and disposed of in accordance with law. As of now, there is an interim order governing the parties. Under such circumstances, it is directed that Ext.P6 appeal shall be take up, considered and disposed of in accordance with law, after hearing the necessary parties, including the additional supplementary respondent. Until final decision is so rendered, the interim order dated 30.3.2009 will continue to govern the parties. The Council will make an endeavour to dispose of the appeal within three months from the date of receipt of a copy of this judgment. All other issues are left open.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.5/6.
RAHIYANATH AZAD
THE STATE OF KERALA
THE THRIKKADAVOOR GRAMA PANCHAYATH
THE THRIKKADAVOOR GRAMA PANCHAYATH COUNCIL
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court