Disposed

Dennis Cyriac v. the Secretary

Kerala HC18 Nov 2019WP(C)/10266/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought directions to dispose of his trade licence application pending with the Karoor Grama Panchayat. The Court directed the Secretary to hear the parties, consider valid civil court orders, and decide the application within one month, without affirmatively granting the licence.

What did the court decide?

Directing the Secretary of the Panchayat to hear parties and decide the application within one month, considering civil court orders.

Dennis Cyriac Vs the Secretary — Service and Employment | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

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WP(C).No.10266 OF 2019(G)

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PETITIONER/S:

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DENNIS CYRIAC AGED 43 YEARS S/O.CYRIAC, MUNDACKAL HOUSE, MUNDANKAL P.O., PALA, KOTTAYAM DISTRICT- 686574.

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BY ADVS. SRI.ROJO J.THURUTHIPARA SMT.BLOSSOM MATHEW SRI.P.T.JUDY

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RESPONDENT/S:

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1 THE SECRETARY, KAROOR GRAMA PANCHAYAT, PONAD, KAROOR P.O., PALA, KOTTAYAM- 686590.

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2 JOSHY M.JOSE, AGED 56 YEARS S/O.JOSEPH, MUNJATTU HOUSE, ALLAPPARA, PALA, KOTTAYAM DISTRICT- 686574. R1 BY SRI.SUNIL CYRIAC, SC,KAROOR G.PANCHAYAT R2 BY ADV. SRI.ELVIN PETER P.J. R2 BY ADV. SRI.K.R.GANESH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.10266 OF 2019(G)

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JUDGMENT

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The petitioner has approached this Court alleging that his application for Trade Licence under the Kerala Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship activities and other Services) Act, is yet to be decided by the first respondent-Secretary of Karoor Grama Panchayat, even though, the said Authority has conducted hearing for the said purpose. The petitioner, therefore, prays that Ext.P4 be directed to be taken up and disposed of at the earliest.

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The learned Standing Counsel for Karoor Grama Panchayat submits that the application of the petitioner has already been considered, but concedes that it has not been disposed of solely on account of the complaints raised by the neighbouring property owners. He adds that the Secretary of the Panchayat has also been informed that there are civil litigations pending with respect to the activity proposed by the petitioner and therefore, that he is not in a position to take an affirmative decision in the matter, until such time as the civil litigations are concluded.

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WP(C).No.10266 OF 2019(G)

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Sri.K.P.Ganesh, learned Standing Counsel for the second respondent, submits that a counter affidavit has been placed on record, producing the interim order in CMA No.3/2019, which aroses from the afore mentioned suit, wherein, the petitioner has been restrained from conducting “welding, grinding, oil spray, cutting of sheets and repairing machines”(sic). He says that the scheduled property mentioned in this order refers to the property involved in this case and therefore, that unless the petitioner is able to obtain necessary orders from the Civil Court, the Secretary may not be directed to consider the application and issue orders thereon. He says that, in addition to this, Government of Kerala has issued Ext.R2(c) to the Secretary of the Panchayat directing him to conduct an enquiry in the matter and furnish a report and not to issue licence as long as the afore mentioned interim order is in force. The learned counsel for the second respondent submits that, in fact, subsequent to this, the C.M.Application has been allowed and now there is an injuction operating against the petitioner.

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When I consider the afore submissions, it is without doubt that the statutory obligation to consider and pass orders on Ext.P4 is vested in the Secretary of the Panchayat; and it

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WP(C).No.10266 OF 2019(G)

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will not be possible for this Court to make any affirmative declarations on these matters while acting under Article 226 of

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the Constitution of India. However, while doing so, the Secretary must certainly look into all aspects, including orders from any competent Court and only thereafter can he issue appropriate orders, in terms of law.

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Resultantly, I order this writ petition and direct the Secretary to hear the petitioner as well as the second respondent and take an appropriate decision on Ext.P4 application, adverting to any valid order issued by the competent Civil Court and thereafter issue the resultant order thereon, as expeditiously as possible, but not later than one month from the date of receipt of a copy of this judgment.

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I clarify that I have not, in any manner, found the petitioner to be entitled to the relief affirmatively; and that it is upto the Secretary to take a final decision, depending upon the materials and orders to be produced before him by the parties.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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rkj

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WP(C).No.10266 OF 2019(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY OF THE LATEST ELECTRIC BILL DATED 10.03.2019 ISSUED IN RESPECT OF THE PETITIONER'S CONSUMER NUMBER. THAT SHOWS THAT CONSUMPTION IN ONLY FOR RS.264 FOR 2 MONTHS.

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EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER PASSED IN I.A.NO.2150 OF 2018 IN O.S.NO.328 OF 2018 DATED 18.01.2019 BY THE MUNSIFF'S COURT, PALA, VACATING THE EXPARTE INTERIM INJUNCTION PASSED AGAINST THE PETITIONER, AFTER HEARING BOTH SIDES AND PERUSING THE COMMISSION REPORT.

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EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05.02.2019 PASSED IN I.A.NO.81 OF 2019 IN C.M.A.NO.3 OF 2019 BY THE SUB COURT, PALA RESTRAINING THE PETITIONER FROM CONDUCTING WELDING, GRINDING, OIL SPRAY, CUTTING OF SHEETS AND REPAIRING OF VIBRATOR, JACKEY, MIXING MACHINE, VEHICLES ETC. IN THE PETITIONER'S LAND WITHOUT OBTAINING PROPER LICENSE UNTIL FURTHER ORDERS.

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EXHIBIT P4	TRUE COPY OF THE APPLICATION DATED
	25.02.2019 SUBMITTED BEFORE THE FIRST RESPONDENT SEEKING PERMISSION TO KEEP JACKEY, SPAN AND SHEETS IN HIS SHED.
EXHIBIT P5	TRUE COPY OF THE PETITION DATED
	12.03.2019 FILED BY THE 2ND RESPONDENT
	BESED ON THE PERSONAL VENGEANCE, FILED BEFORE THE 1ST RESPONDENT REQUESTING
	NOT TO GRANT PERMISSION.

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EXHIBIT P6 TRUE COPY OF THE REPORT DATED 16.03.2019 PREPARED BY THE FIRST RESPONDENT AFTER INSPECTING THE SHED IN QUESTION.

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WP(C).No.10266 OF 2019(G)

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EXHIBIT P7

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TRUE COPY OF THE ORDER (STOP MEMO) DATED 21.03.2019 ISSUED BY THE FIRST RESPONDENT PROHIBITING THE PETITIONER FROM DOING ANY ACTIVITY IN THE SHED IN QUESTION UNTIL FURTHER ORDERS.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT-R2(A) TRUE COPY OF THE MASS COMPLAINT DATED 24/05/2016 SUBMITTED BY THE 2ND RESPONDENT AND OTHERS

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EXHIBIT-R2(B)

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TRUE COPYT OF THE ORDER DATED 04/02/2019 IN I.A 81/2019 IN C.M.A 3/2019 IN THE COURT OF THE SUB JUDGE, PALA

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EXHIBIT-R2(C)

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TRUE COPY OF THE COMMUNICATION NO. RC3/122/2019 LSGD DATED 18/03/2019 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO THE 1ST RESPONDENT