The High Court of Kerala, without hearing the matter in detail, closed the writ petition as the license period had already expired. All contentions were reserved to be raised in a future hearing on the connected matter WP(C) No.7191/2019.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941
WP(C).No.5066 OF 2019(G)
PETITIONERs:
1 MUSTAFFA THATTANCHERRY, AGED 53 YEARS POOVATHUNKAL HOUSE, ALINCHUVADU, MUNNIYOOR P.O., MALAPPURAM DIST - 676 311.
2 K.K.ABDUL MUNEER POVATHUNKAL ALINCHUVADU, MUNNIYOOR P.O., MALAPPURAM DIST - 676 311.
BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE
RESPONDENTS:
1 THE DIRECTOR OF PANCHAYAT,
VIKAS BHAVAN P.O., TRIVANDRUM - 695 033.
5 MR.ZAKKIR HUSSAIN VAKKATHODIKA HOUSE, PAREKKAVU, MUNIYOOR P.O. - 676 311.
BY ADV.SRI.RAJASEKHARAN NAIR-SR.GP BY ADV. SRI.ZAKEER HUSSAIN BY ADV. SMT.K.A.SANJEETHA BY ADV. SRI.K.P.SUDHEER BY ADV. SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
I do not propose to hear this matter in detail or to deliver judgment on the merits of the contentions because it is conceded before me, even by the learned Senior Counsel appearing for the petitioners, that the period for which the licence has been sought for has now expired.
I, therefore, close this writ petition reserving all contentions of the petitioner to be raised appropriately in future or when the connected matter, namely W.P.(C)No.7191/2019, is heard.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C).No.5066 OF 2019(G)
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APPENDIX OF WP(C) 5066/2019
| PETITIONER'S/S EXH | IBITS: |
|---|---|
| EXHIBIT P1 | TRUE COPY OF THE LICENSE DATED 26/6/18 ISSUED BY THE MOONNIYOOR GRAMA PANCHAYAT. |
| EXHIBIT P2 | TRUE COPY OF THE RELEVANT PAGES OF THE MASS PETITION DATED 5/7/2018 FROM THE PETITIONERS AND OTHERS. |
| EXHIBIT P3 | TRUE COPY OF THE NOTICE DATED 5/7/2018 ISSUED BY THE PANCHAYAT. |
| EXHIBIT P4 | TRUE COPY OF THE LETTER DATED 6/7/2018 FROM THE PANCHAYAT ADDRESSED TO THE D.M.O. |
| EXHIBIT P5 | TRUE COPY OF THE NOTICE DATED 6/7/2018 TO THE 5TH RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE REPRESENTATION DATED 10/7/2018 ISSUED BY THE 5TH RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE REPORT DATED 13/7/2018 ISSUED BY THE MEDICAL OFFICER. |
| EXHIBIT P8 | TRUE COPY OF THE NOTICE DATED 18/7/2018 TO THE 5TH RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE REPORT DATED 18/7/2018 TO THE DISTRICT COLLECTOR, MALAPPURAM. |
| EXHIBIT P10 | TRUE COPY OF THE REPORT DATED 23/7/2018 BY THE DISTRICT MEDICAL OFFICER. |
| EXHIBIT P11 | TRUE COPY OF THE RELEVANT PORTION OF THE REPRESENTATION DATED TO THE 4TH RESPONDENT. |
| EXHIBIT P12 | TRUE COPY OF THE RESOLUTION NO.26 ISSUED FROM THE MOONNIYOOR GRMA PANCHAYAT. |
| EXHIBIT P13 | TRUE COPY OF THE NOTICE DATED 30/11/2018 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P14 | TRUE COPY OF THE LETTER DATED 13/12/2018 ISSUED BY THE DISTRICT MEDICAL OFFICER. |
| EXHIBIT P15 | TRUE COPY OF THE MASS PETITION ISSUED TO THE 4TH RESPONDENT. |
| EXHIBIT P16 | TRUE COPY OF THE ORDER DATED 4/1/2019 ISSUED BY THE 4TH RESPONDENT. |
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| EXHIBIT P17 | TRUE COPY OF THE PANCHAYAT. |
LETTER TO THE SECRETARY OF |
|---|---|---|
| EXHIBIT P18 | TRUE COPY OF THE 4TH RESPONDENT. |
LETTER DATED 16/1/2019 FROM THE |
| EXHIBIT P19 | TRUE COPY OF THE 4TH RESPOONDENT. |
LETTER DATED 10/1/2019 TO THE |
| EXHIBIT P20 | TRUE COPY OF THE THE 4TH RESPONDE |
REPRESENTATION DATED 2/2/2019 TO NT. |
| EXHIBIT P21 | TRUE COPY OF THE 4TH RESPONDENT. |
LETTER DATED 31/1/2019 FROM THE |
| EXHIBIT P22 | TRUE COPY OF THE FROM THE 4TH RES |
NOTICE DATED 4/2/2019 ISSUED PONDENT. |
| EXHIBIT P23 | TRUE COPY OF THE FROM THE PANCHAY |
COMMUNICATION DATED 5/2/2019 AT PRESIDENT. |
| EXHIBIT P24 | TRUE COPY OF THE RESPONDENT. |
LETTER DATED 1/2/2019 TO THE 4TH |
| EXHIBIT P25 | TRUE COPY OF THE THE 4TH RESPONDE |
REPRESENTATION DATED 8/2/2019 TO NT. |
| EXHIBIT P26 | TRUE COPY OF THE THE PANCHAYAT DI |
LETTER DATED 13/2/2019 ISSUED BY RECTOR. |
| EXHIBIT P27 | TRUE COPY OF THE COMMITTEE ON 15/ |
DECISION OF THE PANCHAYAT 2/2019. |
| RESPONDENT'S/S EXHIBITS: | ||
| EXHIBIT R5A | TRUE COPY OF MIN PANCHAYAT DATED |
UTES OF THE 3RD RESPONDENT GRAMA 15.2.2019. |
| EXHIBIT R5B | PHOTOGRAPHS (4 N ESTABLISHMENT. |
OS.) OF THE 5TH RESPONDENT'S |
| EXHIBIT R5C | TRUE COPY OF THE SUBMITTED BY THE DIRECTOR OF PANC |
REPRESENTATION DATED 2.2.2019 5TH RESPONDENT BEFORE THE DEPUTY HAYAT. |
| EXHIBIT R4(a): | TRUE COPY OF THE | MASS PETITION DATED 05/07/2018 |
| EXHIBIT R4(b): | TRUE COPY OF THE SUBMITTED BY THE |
REPORT DATED 23/07/2018 DISTRICT MEDICAL OFFICER. |
| EXHIBIT R4(c): | TRUE COPY OF THE | NOTICE DATED 30/11/2018 |
| EXHIBIT R4(d): | TRUE COPY OF THE OFFICER DATED 13 |
REPORT OF THE DISTRICT MEDICAL /12/2018 |
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EXHIBIT R4(e): TRUE COPY OF THE RESOLUTION NUMBER REJECTING THE APPLICATION FOR BUILDING PERMIT TO EXPAND LICENSED PREMISES EXHIBIT R4(f): TRUE COPY OF THE ORDER DATED 04/01/2019 CANCELING THE LICENSE OF THE 5TH RESPONDENT EXHIBIT R4(g): TRUE COPY OF THE LETTER SENT BY SECRETARY OF THE CPM LOCAL COMMITTEE DATED 15/02/2019. EXHIBIT R4(h): TRUE COPY OF THE LETTER DATED 13/02/2019 ENDORSED BY DIRECTOR OF PANCHAYAT, TRIVANDRUM TO DEPUTY DIRECTOR OF PANCHAYAT, MALAPPURAM. EXHIBIT R4(i): TRUE COPY OF THE DECISION DATED 12/02/2019.
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1 issue framed by the court
Whether the writ petition concerning an expired license needs to be heard on merits.
MUSTAFFA THATTANCHERRY AND ANR.
THE DIRECTOR OF PANCHAYAT TRIVANDRUM AND ORS.
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
