The petitioner sought quashing of an order refusing shop licence renewal and directed mandamus for licence issuance. Faced with the petitioner's non-appearance at hearing, the Court observed that nothing survived the petition.
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 8TH DAY OF APRIL 2016/19TH CHAITHRA, 1938
WP(C).No. 36334 of 2007 (A)
PETITIONER(S):
KRISHNAKUMAR,
S/O. NADUMURI PARAMESWARAN, AGED 48 YEARS, S.N. PURAM VILLAGE, VEMBALLUR DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENT(S):
1. MATHILAKAM GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, MATHILAKAM GRAMA PANCHAYATH OFFICE, MATHILAKAM.
2. RAMADASAN,
S/O. PANAKKAPARAMBIL VELANDI, AGED 58 YEARS, VADANAPPALLY AMSOM, THRITHALLUR DESOM, THRITHALLUR WEST (P.O.), CHAVAKKAD TALUK, THRISSUR DISTRICT.
3. LAKSHMI, W/O. UNNIKRISHNAN, POOVATHUN KADAVIL HOUSE, PAPPINIVATTOM VILLAGE, PANANGAD P.O., KODUNGALLUR TALUK,THRISSUR DISTRICT
R1 BY ADVS. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR
R3 BY ADV. SRI.N.P.SAMUEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 36334 of 2007 (A)
APPENDIX
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE LICENCE ISSUED BY THE RESPONDENT PANCHAYATH UNDER THE PANCHAYATH RAJ ACT FOR THE YEAR 2005- 2006 |
|
|---|---|---|
| **EXHIBIT P1(a) ** | TRUE COPY OF THE LICENCE ISSUED BY THE RESPONDENT PANCHAYATH UNDER THE PANCHAYATH RAJ ACT FOR THE YEAR 2006- 2007 |
|
| EXHIBIT P2 | TRUE COPIES OF THE PROFESSIONAL TAX PAID BY THE PETITION THE RESPONDENT PANCHAYATH FOR THE YEAR 2005-2006 |
ER TO |
| **EXHIBIT P2(a) ** | TRUE COPIES OF THE PROFESSIONAL TAX PAID BY THE PETITION THE RESPODNENT PANCHAYATH FOR THE YEAR 2006-2007 |
ER TO |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE OF VERIFICTION ISSUED BY THE OFFICER OF THE CONTROLLER OF LEGAL METROLOGY FOR THE 2005 |
YEAR |
| **EXHIBIT P3(a) ** | TRUE COPY OF THE CERTIFICATE OF VERIFICATION ISSUED BY THE OFFICER OF THE CONTROLLER OF LEGAL METROLOGY FOR THE 2006 |
YEAR |
| EXHIBIT P4 | TRUE COPY OF THE REGISTRATION CERTIFICATES ISSUED BY THE ASSISTANT LABOUR OFFICER, KODUNGALLUR FOR THE YEAR 2007 |
|
| EXHIBIT P5 | TRUE COPY OF THE JUDGMENT REPORTED IN 1999(3) KLT 662 | |
| EXHIBIT P6 | TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.10088/07 DATED 26.6.2007 | |
| EXHIBIT P7 | TRUE COPY OF THE ORDER OF THE PANCHAYATH DATED 4.10.2007 | |
| EXHIBIT P8 | TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT IN O.S.1/2006 BEFORE MUNSIFF COURT,KODUNGALLUR |
RESPONDENTS' EXHIBITS
EXHIBIT R3(a) PHOTO COPY OF INTIMATION SENT BY THE OFFICE OF THE SUB REGISTRAR, MATHILAKAM TO THE EXECUTIVE OFFICER, MATHILAKAM PANCHAYAT ON 28.2.2006.
//True Copy//
P.A. To Judge
Bb
RAJA VIJAYARAGHAVAN V, J.
==============================
W.P.(C).No.36334 of 2007
============================== Dated this the 08th day of April, 2016
J U D G M E N T
renewing the licence of the shop room of a building bearing No.VIII/601 belonging to the petitioner, the petitioner had approached this Court and filed the instant Writ Petition seeking the following reliefs:
i) Call for the records leading to ExhibitP7 and issue a writ in the nature of certiorari and quash the same.
ii) Issue a writ in the nature of mandamus commanding the 1st respondent Panchayath to renew the licence of the petitioner for the year 2007-08.
iii) Issue a writ in the nature of mandamus commanding the respondent Panchayath not to interfere with the business conducting by the petitioner in building No.VIII/601 pursuant to Ext-P7 order.
iv) Issue such other order or writ order or direction, as this Hon'ble Court may deem fit and proper in the circumstances of the case.
And
W.P.(C).No.36334 of 2007 : 2 :
v) Award the cost of the petitioner in this proceedings.
as per order dated 07.12.2007, had directed the Panchayath not to interfere with the conduct of business by the petitioner in the aforesaid building. The said interim order had continued as such.
The writ petition is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE.
Bb
[True copy]
P.A to Judge
1 issue framed by the court
Whether any relief survives in a writ petition where the petitioner failed to appear for hearing regarding licence renewal.
Krishnakumar
Mathilakam Grama Panchayat
Ramadasan
Lakshmi
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
