Disposed

Firoz v. State of Kerala

Kerala HC23 Dec 2021WP(C)/27443/2021

Case brief

AI extract

What is this about?

This judgment is a one-order disposition of Writ Petitions challenging a Panchayat's inaction regarding a closed chicken stall. The court directs the Panchayat to consider pending representations and pass orders after hearing the petitioners and affected parties within four weeks.

What did the court decide?

Directed the New Mahe Grama Panchayath to hear and dispose of representations and other pending applications after hearing the petitioners and affected parties within 4 weeks from receipt of the judgm

Firoz Vs State of Kerala — Writ and Judicial Review | Kerala HC (2021)

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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 T.R.RAVI

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THURSDAY, THE 23^RD DAY OF DECEMBER 2021 / 2ND POUSHA, 1943

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WP(C) NO. 17484 OF 2021

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PETITIONER:

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FUHAD KELOTH PANCHARA, AGED 54 YEARS, S/O. ABULLA HAJI, EMPLOYED AT GULF, 'FIDA', PUNNOL, P.O. KURICHIYIL, TEMPLE GATE, THALASSERY TALUK, KANNUR DISTRICT, KERALA STATE, INDIA, 670 102, REPRESENTED BY POWER OF ATTORNEY HOLDERABDUL HAMEED P.P, S/O. AHAMMED KUTTY, AGED 63 YEARS, 'MISK', P.O. PERINGADI, THALASSERY TALUK, KANNUR DISTRICT, KERALA STATE, PIN-673 312 BY ADVS. K.VISWAN D.ARUN BOSE

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM-695 001

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2 NEW MAHE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NEW MAHE GRAMA PANCHAYATH, PERINGADI P.O, THALASSERY TALUK, KANNUR DISTRICT-673 312.

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WP(C) NOS. 17484 & 27443 OF 2021

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3 THE DEPUTY SUPERINTENDENT OF POLICE, THALASSERY-670 101.

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4 FIROZ, AGED 36 YEARS, S/O. KHALID, BUSINESS, MARIYAS, PUNNOL, P.O. KURICHIYIL, THALASSERY TALUK, KANNUR DISTRICT-670 102

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BY ADVS. SRI.BRIJESH MOHAN SRI.T.P.SAJID SRI.SHIFA LATHEEF SRI.R.RAJPRADEEP SRI.VIPIN NARAYAN, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2021, ALONG WITH WP(C).27443/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 17484 & 27443 OF 2021

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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 T.R.RAVI

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THURSDAY, THE 23^RD DAY OF DECEMBER 2021 / 2ND POUSHA, 1943 WP(C) NO. 27443 OF 2021

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PETITIONER:

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FIROZ AGED 36 YEARS, S/O.KHAID, MARIYAS, PUNNOL, PO KURICHIYIL, THALASSERY TALUK, KANNUR DISTRICT - 670102. BY ADVS. T.P.SAJID SHIFA LATHEEF

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 NEW MAHE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NEW MAHE GRAMA PANCHAYATH, PERINGADI.P.O, THALASSER TALUK, KANNUR DISTRICT-673312. 3 FUHAD KELOTH PANCHARA, S/O.ABDULLA HAJI, AGED 54 YEARS, 'FIDA', PUNNOL, PO KURICHIYIL, TEMPLE GATE, THALASSERY TALUK,

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WP(C) NOS. 17484 & 27443 OF 2021

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KANNUR DISTRICT-670102.

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BY ADVS. SRI.BRIJESH MOHAN SRI.R.RAJPRADEEP SRI.B.S.SYAMANTHAK, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2021, ALONG WITH WP(C).17484/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 17484 & 27443 OF 2021

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T.R. RAVI, J.

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-------------------------------------------- W. P. (C). Nos. 17484 & 27443 of 2021

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Dated this the 23^rd day of December, 2021

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JUDGMENT

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WPC No.17484/2021 has been filed against the functioning of a

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chicken stall by the petitioner in WPC No.27443/2021. This Court had by an interim direction directed that the petitioner in WPC No.27443/2021 shall not conduct the chicken stall in question without the necessary licences. It is submitted by the counsel for the Panchayat that the chicken stall has already been closed. The petitioner in WPC No.17484/2021 has a case that even though the shop has been closed, pamphlets have been issued stating that home delivery can be provided for their customers. Petitioner in WPC No.27443/2021 has preferred a representation marked as Ext.P10 in that case, before the Panchayat and a subsequent petition as Ext.P11. It is submitted that since the stall has already been closed down, the Panchayat may be directed to consider and pass orders on

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Exts.P10 & P11 after hearing all the affected parties.

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WP(C) NOS. 17484 & 27443 OF 2021

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In the above circumstances, the writ petitions are disposed of directing the 2^nd respondent in WPC No.27443/2021 to hear and dispose of Exts.P10 & P11 produced in WPC No.27443/2021 after hearing the petitioners in both these cases and any other affected parties within 4 weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

WP(C) NOS. 17484 & 27443 OF 2021

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APPENDIX OF WP(C) 17484/2021

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PETITIONER'S EXHIBITS

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Exhibit	P1	COPY OF THE COMPLAINT FILED BY THE WRIT PETITIONER TO RESPONDENT NO.2 DATED 19.07.2021.
Exhibit	P2	RECEIPT ISSUED BY RESPONDENT NO.2 ACKNOWLEDGING THE COMPLAINT DATED 19.07.2021.
Exhibit	P3	COMPLAINT FILED ON 19.07.2021 BEFORE THE PRESIDENT OF THE NEW MAHE GRAMA PANCHAYATH SEEKING INTERFERENCE IN THE ABOVE MATTER DATED 19.07.2021.
Exhibit	P4	COPY OF REGISTERED LEGAL NOTICE DATED 26.07.2021 ISSUED TO THE RESPONDENT NO.1 AND RESPONDENT NO.4.
Exhibit	P5	POSTAL RECEIPT DATED 26.7.2021.
Exhibit	P6	THE ACKNOWLEDGEMENT CARD OF RESPONDENT NO.2 RECEIVED NOTICE ON 27.07.2021.
Exhibit	P7	THE ACKNOWLEDGEMENT CARD OF RESPONDENT NO. 4.
RESPOND	ENTS' EXH	IBITS
Exhibit	R2(a)	TRUE COPY OF THE LETTER DATED 25.09.2021 OF THE MEDICAL OFFICER, NEW MAHI PRIMARY HEALTH CENTRE.

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WP(C) NOS. 17484 & 27443 OF 2021

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APPENDIX OF WP(C) 27443/2021

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PETITIONER EXHIBITS

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Exhibit P1	PHOTOGRAPHS OF THE HOUSE OF THE 3RD RESPONDENT AND THE CHICKEN STALL
Exhibit P2	TRUE COPY OF THE CONSENT ISSUED BY THE LANDLORD DATED 24/6/2021
Exhibit P3	TRUE COPY OF THE AGREEMENT DATED 28/6/2021 ENTERED WITH OXYGENPRO MAX PVT.LTD. FOR COLLECTION OF WASTE
Exhibit P4	TRUE COPY OF THE CERTIFICATE DATED 28/06/2021
Exhibit P5	TRUE COPY OF THE CERTIFICATE DATED 3/7/2021
Exhibit P6	TRUE COPY OF THE RECEIPT ISSUED BY THE NEW MAHE GRAMA PANCHAYAT AFTER RECEIVING APPLICATION FOR LICENSE WITH FILE NO.401070/RPTL02/GENERAL/2021/1824 DATED 5/7/2021.
Exhibit P7	TRUE COPY OF THE RECEIPT DATED 15/7/2021 ISSUED BY THE 2ND RESPONDENT PANCHAYAT
Exhibit P8	TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 4/10/2021
Exhibit P9	TRUE COPY OF THE REPLY OF THE 2ND RESPONDENT DATED 24/8/2021
Exhibit P10	TRUE COPY OF THE REPRESENTATION DATED 10/11/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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WP(C) NOS. 17484 & 27443 OF 2021

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Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 11/11/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Firoz v. State of Kerala

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Firoz v. State of Kerala

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