The Court disposed of the writ petition regarding a suspended licence for brick manufacturing. It directed the Panchayat to decide the pending internal appeal within six weeks while maintaining the interim stay.
Direction to the 1st respondent to consider and pass orders on the petitioner's appeal within six weeks; interim stay continued.
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 A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939
WP(C).No. 36695 of 2015 (J)
PETITIONER(S):
MANOJ MATHEW, CHIRAKKAL HOUSE, KUMILY PO, CHELIMADA 685 509.
BY ADV. SMT.A.K.PREETHA
RESPONDENT(S):
1. KUMILY GRAMA PANCHAYAT, OFFIE OF KUMILY GRAMA PANHAYAT, KUMILY P.O 685 509, REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, KUMILY GRAMA PANCHAYATH, OFFICE OF THE KUMILY GRAMA PANCHAYATH,
KUMILY PO. 685 509.
*** ADDL R3 TO R5 IMPLEADED**
Addl. 3. JAYASREE C.K, AGED 43, D/O KAILAS, CHELIMADA, KUMILY P.O., IDUKKI.
Addl. 4. SREELAL, AGED 57, S/O K.E.SEKHARAN, SREEVILLA, KUMILY P.O., IDUKKI DISTRICT.
Addl. 5. JAYASREE, AGED 43, W/O RAJAN PILLAI, VELLAPPALLIL, KUMILY P.O., IDUKKI DISTRICT.
*** ADDL R3 TO R5 IMPLEADED ARE IMPLEADED AS PER ORDER DATED** 07-07-2017 IN IA 10339/2017.
R1 & R2 BY ADV. SRI.LIJI J. VADAKKEDOM, SC. ADDL R3-R5 BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Hr.
WP(C).No. 36695 of 2015 (J)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE ORDER NO.B2-11614/2011-12 DATED 01/2012
RESPONDENT(S)' EXHIBITS
// TRUE COPY//
P.S TO JUDGE.
Hr.
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C).NO.36695 OF 2015 (J)
Dated this the 13th day of December, 2017
J U D G M E N T
The petitioner, who is aggrieved by Ext.P5 order passed by the Secretary of the respondent Panchayat, has preferred Ext.P6 appeal before the 1st respondent, and the said appeal is stated to be pending before the 1st respondent.
W.P.(C).No.36695/2015
2
Ext.P6 appeal preferred by the petitioner against Ext.P5 order of the Secretary of the respondent Panchayat within a time frame, and to permit the petitioner to carry on activities till such time as orders are passed by the Appellate authority in Ext.P6 appeal. Accordingly, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P6 appeal within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner and additional respondents 3 to 5. I make it clear that the interim stay granted by this Court shall continue to operate till such time as orders are passed by the 1st respondent in the appeal, as directed, and the order communicated to the petitioner.
A.K.JAYASANKARAN NAMBIAR JUDGE
prp/13/12/17
1 issue framed by the court
Whether the writ petition should be disposed of with directions to the Panchayat to decide the pending appeal regarding the licence suspension.
Manoj Mathew
Kumily Grama Panchayat
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
