Disposed

Aseena, v. Kanjoor Grama Panchayat

Kerala HC13 Feb 2019WP(C)/2575/2019

Case brief

AI extract

What is this about?

This writ petition challenged the non-issuance of a trade license for an Azad Margin Free Super Market. Upon understanding the petitioner had continued business without interference due to deemed license status, the Court issued a one-time direction to the Panchayat Secretary to provide a paper license valid until 31.03.2019 and disposed the petition.

What did the court decide?

Direction to issue a license in paper form valid up to 31.03.2019.

Aseena, Vs Kanjoor Grama Panchayat — Service and Employment | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940

¶5

WP(C).No. 2575 of 2019

¶6

PETITIONER/S:

¶7

ASEENA, AGED 57 YEARS, W/O.RAGHAVAN, VALLOOR HOUSE, EDAVOOR KARA, KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK.

¶8

BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH

¶9

RESPONDENT/S:

¶10

1 KANJOOR GRAMA PANCHAYAT, KANJOOR P.O., -683575, REPRESENTED BY ITS SECRETARY.

¶11

2 SECRETARY, KANJOOR GRAMA PANCHAYAT, KANJOOR P.O., -683575.

¶12

R1 & R2 BY ADVS. SRI.P.G.JOSE SRI.V.A.VINOD

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).No. 2575 of 2019 2

¶15

JUDGMENT

¶16

This writ petition is filed by the petitioner seeking the following reliefs:-

¶17

“i) To declare that the petitioner has got deemed license under the D & O Rules for conducting “Azad Margin Free Super Market” in sho No.II/159 of Kanjoor Grama Panchayat.

¶18

ii) To issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to issue a certificate showing that the petitioner has got deemed license under the Kerala Panchayat Raj Act and D & O Rules for conducting Azad Margin Free Super Market in shop No.II/159 of Kanjoor Grama Panchayat.

¶19

iii) To grant such other reliefs which this Hon'ble Court deems fit and proper in the circumstances of the case.

¶20

The case projected by the petitioner is that, the business was being conducted by the petitioner

¶21

from the year 2012 onwards, after securing D & O license from the Secretary of the Panchayat. However, when the petitioner submitted the application for the year 2018-2019, the same was not issued and thereupon, petitioner has secured deemed

¶22

WP(C).No. 2575 of 2019 3

¶23

license by virtue of Section 236(3) of the Kerala Panchayat Raj Act, 1994.

¶24

Anyway, learned counsel for the petitioner submitted that, petitioner was continuing the business without any interference from the Panchayat, in view of the deemed license. In my considered view, the financial year is to end on 31.03.2019. Therefore, if the petitioner is continuing with the business, no interference shall be made by the Panchayat, since the petitioner has already secured a deemed license in accordance with law.

¶25

There will be a direction to the Secretary of

¶26

the Grama Panchayat to issue a license in the paper form to the petitioner, having validity up to 31.03.2019.

¶27

The writ petition is disposed of, accordingly.

SHAJI P.CHALY

JUDGE

uu 14.02.2019

WP(C).No. 2575 of 2019 4

¶32

APPENDIX

¶33

PETITIONER'S/S EXHIBITS:

¶34

EXHIBIT P1	TRUE COPY OF LICENCE ISSUED BY 1ST RESPONDENT PANCHAYAT TO THE PETITIONER BEARING NO.C3-9186/11 DATED 24.1.12.
EXHIBIT P2	TRUE COPY OF LICENCE ISSUED TO THE PETITIONER ON 1.4.12 FOR 2012-13 VALID UP TO 31.3.13 BEARING NO.C3-1422/12.
EXHIBIT P3	TRUE COPY OF RENEWAL LICENCE ISSUED ON 1.3.13 BEARING NO.C4/1501/13 FOR THE PERIOD 2013-14.
EXHIBIT P4	TRUE COPY OF RENEWED LICENCE ISSUED ON 17.4.15 BEARING NO.A5/1186/15 VALID UP TO 31.3.16.
EXHIBIT P5	TRUE COPY OF RENEWED LICENCE ISSUED ON 8.4.16 BEARING NO.A5/1074/16 VALID UP TO 31.3.17.
EXHIBIT P6	TRUE COPY OF LICENCE UNDER FSS ACT 2006 FROM THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA DATED 26.2.18 VALID UP TO 25.2.19 BEARING NO.11318007000215.
EXHIBIT P7	TRUE COPY OF SANITARY CERTIFICATE ISSUED FROM THE OFFICE OF PRIMARY HEALTH CENTRE KANJOOR DATED 16.3.17.
EXHIBIT P8	TRUE COPY OF JUDGMENT IN WP(C)11299/17 DATED 31.3.17 OF THIS HON'BLE COURT.
EXHIBIT P9	TRUE COPY OF NOTICE ISSUED TO THE 2ND RESPONDENT ON 22.1.18.
EXHIBIT P10	TRUE COPY OF LICENCE BEARING NO.A4- 1492/17-18 ISSUED BY 2ND RESPONDENT TO THE PETITIONER ON 27.1.18.
EXHIBIT P11	TRUE COPY OF RECEIPT NO.9739468 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT FOR RECEIVING THE RENEWAL APPLICATION FOR D & O LICENCE DATED 1.3.18.
EXHIBIT P12	TRUE COPY OF RECEIPT NO.2667505 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT FOR RECEIVING LICENCE FEE FROM THE

¶35

WP(C).No. 2575 of 2019 5

¶36

PETITIONER DATED 1.3.18.

¶37

EXHIBIT P13 TRUE COPY OF NOTICE ISSUED BY THE COUNSEL OF THE PETITIONER TO THE 2ND RESPONDENT ON 21.1.19.

¶38

RESPONDENT'S EXHIBITS:NIL

Aseena, v. Kanjoor Grama Panchayat

Case brief

What is this about?

What did the court decide?

Aseena, v. Kanjoor Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Niza, Vs State of Kerala to Be Represented by Secretary

Vinod Kumar Vs Dr.S.Karthikeyan

Lakshmi, Vs Thiruvananthapuram Corporation

Marar Samajam Uppilakai Reg No.Ksr Ca 34/2014 Vs the District Collector

Balakrishnan Melekkalam, Vs Sreekrishnapuram Grama Panchayat

Satheesh Kumar.K.B Vs Erattupetta Municipality