The High Court of Kerala dismissed a writ appeal for being infructuous as the respondent authority had already issued a formal trade license to the petitioner following the lower court's directions.
None. The appeal was dismissed as infructuous.
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.
WA.No.1053 OF 2020 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
WA.No.1053 OF 2020
AGAINST THE JUDGMENT IN WP(C) 32494/2019(J) OF HIGH COURT OF KERALA
APPELLANT/S:
1 MUPPAINAD GRAMA PANCHAYATH
VADUVANCHAL P. O., WAYANAD DISTRICT, PIN - 673 581, REPRESENTED BY THE SECRETARY.
2 THE SECRETARY
THE MUPPAINAD GRAMA PANCHAYATH, VADUVANCHAL P. O., WAYANAD DISTRICT, PIN - 673 581.
BY ADV. SRI.MATHEW KURIAKOSE
RESPONDENT/S:
M.P.KURIAKOSE,
S/O. PAILY, MUTTATH HOUSE, CHETTAPALAM P. O., PULPALLY, WAYANAD DISTRICT, PIN - 673 579.
R1 BY ADV. SRI.ENOCH DAVID SIMON JOEL R1 BY ADV. SRI.JIKKU SEBAN GEORGE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.1053 OF 2020 -2-
J U D G M E N T
Dated this the 23rd day of November 2020
S. Manikumar, C.J.
Instant writ appeal is filed by the appellant challenging the judgment in W. P. (C) No. 32494 of 2019 dated 16.01.2020. Writ petition has been filed seeking the following reliefs:-
“i. Issue a writ in the nature of a declaration, declaring that Petitioner has a deemed Trade License under Section 236(3) of Panchayat Raj Act for operating the quarrying unit.
ii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd Respondent to issue formal Trade License to the Petitioner on the basis of the deemed license that accrued to the Petitioner with effect from 03.08.2019.”
writ court by judgment in W. P. (C) No. 32494 of 2019 dated
WA.No.1053 OF 2020 -3-
16.01.2020 ordered thus:-
“There will be a direction to the Panchayat to issue licence to the petitioner, at the earliest and at any rate within three weeks from the date of receipt of a copy of this judgment. I further make it clear that the issuance of the license on the basis of the deemed license, will not disable the Panchayat from initiating any action for cancellation of the licence, if any of the licence conditions are violated.”
Placing on record the above submission, we are of the view
WA.No.1053 OF 2020 -4-
that there is no need to adjudicate the correctness of the impugned
judgment.
Writ appeal dismissed as infructuous.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
Muppainad Grama Panchayat
M.P. Kuria Jose
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
