Petitioner, a former Kudumbasree entrepreneur now a Govt. employee seeking renewal of Panchayat shop licence for her private business, was aggrieved by rejection. The Court dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 8TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944 WP(C) NO. 18869 OF 2022
PETITIONER
DEEPA C THANKAPPAN, AGED 42 YEARS D/O. THANKAPPAN, KANNIKULATHIL, EZHAKKARANAD SOUTH P.O., PUTHENKURIZ, ERNAKULAM DISTRICT-682308.
BY ADVS. K.S.ARUN KUMAR RAJEE P MATHEWS AMRUTHA P S AMRUTHA K P VIJAY SANKAR V.H. SRUTHY UNNIKRISHNAN AISWARYA E J VETTIKOMPIL
RESPONDENTS
2 THE SECRETARY, MANEED GRAMA PANCHAYAT, MANEED P.O., PIRAVOM, ERNAKULAM DISTRICT-686664.
BY ADV SUNU P.JOHN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2022, THE COURT ON THE SAM DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 8th day of August, 2022
The petitioner, who is a tenant in the shopping complex of the Maneed Grama Panchayat, is before this Court seeking to quash Ext.P7 notice and to direct the 2nd respondent to consider Ext.P4 application. The petitioner further seeks to declare that the petitioner is entitled for renewal of agreement in connection with Ext.P4 application.
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petitioner obtained a franchiseeship of the Akshaya Centre in the same shop. The shop has been functioning for the last 14 years, complying with all legal formalities.
duty bound to renew the licence of the shop in favour of the petitioner. The delay in considering Ext.P4 request for renewal of licence causes untold hardship to the petitioner. The petitioner is running the unit/shop obtaining all necessary licences and permits. The petitioner has not committed any default in payment of rent. There is no violation of agreement conditions or malpractices by the petitioner. The petitioner being a woman entrepreneur, the respondents are bound to
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renew the licence without troubling the petitioner.
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cannot run a business while being employed as a Central Government servant.
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restrictions in running a business parallely.
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authority, in accordance with law, subject to any
Circulars or Government Orders in that regard.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
smm/12.08.2022
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APPENDIX OF WP(C) 18869/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LICENSE DATED 17/03/2015 ISSUED BY THE RESPONDENT FOR RUNNING THE SHOP. Exhibit P2 THE TRUE COPY OF THE TESTIMONIAL CERTIFICATE DATED 18/05/2012 ISSUED BY THE 2ND RESPONDENT TO THE DISTRICT CO-ORDINATOR OF AKSHAYA CENTRE.
Exhibit P3 THE TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER TO RUN THE SHOP AND AKSHAYA CENTER DATED 03/11/2021.
Exhibit P4 THE TRUE COPY OF THE APPLICATION FOR RENEW THE AGREEMENT SENT TO THE RESPONDENT BY THE PETITIONER DATED 30/03/2022.
Exhibit P5 THE TRUE COPY OF THE NOTICE DATED 26/04/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P6 A TRUE COPY OF THE REPLY SENT TO THE RESPONDENT BY THE PETITIONER DATED 09/05/2022.
Exhibit P7 A TRUE COPY OF THE NOTICE SEND BY THE RESPONDENT PANCHAYATH DATED 30/05/2022.
Exhibit P8 THE TRUE COPY OF THE LICENSE DATED 23/07/2015 ISSUED BY THE RESPONDENT FOR RUNNING PHOTOSTAT, DTP SHOP AND AKSHAYA CENTRE, FOR THE YEAR OF 2015-2016.
Exhibit P9 A TRUE COPY OF THE MINUTES DATED 19/04/2022. (RELEVANT PAGES)
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EXT.P10 THE TRUE COPY OF THE G.O. 24/2021 ITD DATED 30.7.2021
EXT.P11 THE TRUE COPY OF THE REQUEST
FOR
TRANSFER THE AKSHAYA CENTRE
RESPONDENT EXHIBITS
Exhibit R1 A TRUE COPY OF THE MINUTES OF THE PANCHAYATH COMMITTEE MEETING DATED 29/3/2007
Exhibit R1 B TRUE COPY OF THE AGREEMENT DATED 1/4/2007
Exhibit R1 C TRUE COPY OF THE COMPLAINANT DATED 28/10/2021
Exhibit R1 E TRUE COPY OF THE RESOLUTION DATED 19/4/2022
Exhibit R1 F TRUE COPY OF THE SAID RESOLUTION DATED 23/5/2022
Exhibit R1G TRUE COPY OF THE CLARIFICATION LETTER FROM THE CHAIR PERSON CDS DATED 9/5/2022
Exhibit R1 H TRUE COPY OF THIS LETTER DATED 17/5/2022 Exhibit R1 I TRUE COPY OF THIS LETTER DATED 10/6/2022 TOGETHER WITH ENCLOSSER
2 issues framed by the court
Whether the petitioner is entitled to renewal of the Panchayat shop licence considering she is now a full-time Central Government servant running a business in her private capacity.
Whether the Panchayat is bound to renew the licence despite the petitioner no longer being part of the Kudumbasree unit.
1 provisions across 1 enactments
DEEPA C THANKAPPAN
MANEED GRAMA PANCHAYAT
THE SECRETARY, MANEED GRAMA PANCHAYAT
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
