Remanded

Tanur Grama Panchayat v. Tribunal for Local Self Govt.

Kerala HC16 Feb 2009WP(C)/1898/2009

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala held that the petitioner Panchayat was not heard on merits before the Tribunal was passed an order refusing a license application. The court quashed the impugned order and remanded the matter to the Tribunal for reconsideration after affording the petitioner an opportunity to produce documents and contest the case.

What did the court decide?

Writ petition disposed of by quashing Ext.P10 order of the Tribunal and directing it to reconsider Appeal No.514/2008 after giving the petitioner another opportunity to produce documents and contest t

Tanur Grama Panchayat Vs Tribunal for… — Constitutional and Fundamental Rights | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930

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WP(C).No. 1898 of 2009(A)

PETITIONER(S):

TANUR GRAMA PANCHAYAT, P.O.TANUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY

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BY ADV. MR.HARISH R. MENON MR.K.T.SHYAMKUMAR

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RESPONDENT(S):

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THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIDA BUILDING, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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K.P.SAMEER, S/O.K.P.ABDU, KATTIL PEEDIYEKKAL HOUSE, CHEMBRA, MEENADATHOOR P.O., THANALLOOR VIA., MALAPPURAM DISTRICT.

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ADV. MR.K.RAMACHANDRAN FOR R2

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MR.S.SREEDEV FOR R2

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GOVERNMENT PLEADER SMT.K.R.DEEPA FOR R1

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF AGREEMENT DT 13.4.07. P2 COPY OF DECISION DT 6.12.06. P3 COPY OF PHOTOGRAPHS OF THE NEWLY CONSTRUCTED PRIVATE MARKET. P4 COPY OF LIST DT 2.6.08. P5 COPY OF DECISION DT 8.6.08. P6 COPY OF LICENSE APPLICATION DT 22.8.08. P7 COPY OF ORDER DT 15.9.08. P8 COPY OF DECISION DT 25.9.08. P9 COPY OF DECISION DT 23.2.07. P10 COPY OF JUDGMENT DT 16.12.08.

// TRUE COPY //

P.A. TO JUDGE

S.SIRI JAGAN, J.

W.P.(C) No. 1898 OF 2009 A

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Dated this the 16^th day of February, 2009

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J U D G M E N T

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Petitioner is a Grama Panchayat. They are challenging Ext.P10 order of the Tribunal, whereby the Tribunal had made it clear that the 2^nd respondent has become entitled to a deemed licence for running a chicken store during the period 2008-09 in building No.TP 12/420 under section 236(3) of the Kerala Panchayat Raj Act subject to the law, rules and by-laws and all conditions ordinarily imposed and the Panchayat was directed not to interfere with the trade except as provided by law. The primary objection raised by the Panchayat against Ext.P10 order is that the Panchayat was not given sufficient opportunity to place their case before the Tribunal and they were set exparte on the ground that they did not produce a copy of the decision on the application filed by the 2^nd respondent before the Tribunal. The contention of the Panchayat is that there is no question of any deemed licence since the application for the licence submitted by the 2^nd respondent had been considered and rejected within the

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WPC.1898/09

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: 2 :

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prescribed time limit.

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I have heard counsel for the 2^nd respondent also.

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I am not going into the merits of the case. I am of

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opinion that in the circumstances of the case the petitioner Panchayat should be given another opportunity to prove their case before the Tribunal.

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In the above circumstances, Ext.P10 is quashed and

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the Tribunal is directed to reconsider Appeal No.514/2008 on merits, after giving another opportunity to the petitioner Panchayat

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to produce all documents and to contest the case.

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Writ petition is disposed of as above.

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(S.SIRI JAGAN, JUDGE)

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aks

Tanur Grama Panchayat v. Tribunal for Local Self Govt.

Case brief

What is this about?

What did the court decide?

Tanur Grama Panchayat v. Tribunal for Local Self Govt.

Case brief

What is this about?

What did the court decide?

What the court decided

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