The High Court of Kerala closed a writ petition regarding the refusal to renew a crusher unit licence after the respondent informed the Court that a fresh licence had been issued to the petitioner.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 28TH DAY OF NOVEMBER 2022/7TH AGRAHAYANA, 1944
WP(C) NO. 23477 OF 2022
PETITIONER:
UMMER BAVA E., AGED 77 YEARS S/O. ALIKUTTY HAJI, SAKEEN MANZIL, VARANGODE, DOWN HILL, MALAPPURAM DISTRICT – 676 519.
BY ADVS. ABDUL JAWAD K. ABDUL MAJEED.N A.GRANCY JOSE
RESPONDENTS:
1 THE TRIKKALANGODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, TRIKKALANGODE P. O., MALAPPURAM DISTRICT - 676 123. 2 THE SECRETARY, TRIKKALANGODE GRAMA PANCHAYATH, TRIKKALANGODE P. O., MALAPPURAM DISTRICT - 676 123.
BY ADVS.
SRI. VINOD SINGH CHERIYAN SRI. T.M. KHALID SMT. K.P. SUSMITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23477 OF 2022
2
JUDGMENT
The petitioner approached this Court aggrieved
by the refusal on the part of the 2nd respondent to renew the licence issued to his crusher unit.
Recording the said submission, the writ petition
is closed.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
WP(C).No.23477 OF 2022
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APPENDIX
PETITIONER'S EXHIBITS:-
| EXHIBIT P1 | TRUE COPY OF THE POSSESSION |
|---|---|
| CERTIFICATE DATED 16/05/2022 ISSUED BY THE VILLAGE OFFICER KARAKUNNU. |
|
| EXHIBIT P2 | TRUE COPY OF THE RECEIPT DATED 24/05/2022 SHOWING THE PAYMENT OF PROPERTY TAX FOR THE BUILDING VII/392 FOR THE YEAR 2022-2023. |
| EXHIBIT P2 (a) | TRUE COPY OF RECEIPT DATED 15/11/2021 EVIDENCING THE PAYMENT OF PROPERTY TAX FOR THE BUILDING VII/392 FOR THE YEAR 2021-2022. |
| EXHIBIT P2 (b) | TRUE COPY OF THE RECEIPT DATED 02/06/2020 SHOWING THE PAYMENT OF PROPERTY TAX FOR THE BUILDING VII/392 FOR THE YEAR 2020-2021. |
| EXHIBIT P2 (c) | TRUE COPY OF THE RECEIPT DATED 17/02/2020 SHOWING THE PAYMENT OF PROPERTY TAX FOR THE BUILDING VII/392 FOR THE YEAR 2019-2020. |
| EXHIBIT P2(d) | TRUE COPY OF THE RECEIPT DATED 28/06/2017 TESTIFYING THE PAYMENT OF PROPERTY TAX FOR THE BUILDING NO.VII/392 FOR THE YEAR 2013-2014 AND FOR THE YEAR 2017-18. |
| EXHIBIT P3 | TRUE COPY OF THE RENEWED CONSENT DATED 02/08/2018 ISSUED BY THE PCB. |
| EXHIBIT P4 | TRUE COPY OF THE CONSENT TO OPERATE DATED 11/04/2022 ISSUED BY THE PCB. |
| EXHIBIT P5 | TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 30/09/2019 ISSUED BY THE SENIOR GEOLOGIST, MALAPPURAM DISTRICT. |
| EXHIBIT P6 | TRUE COPY OF THE DEALER'S LICENSE DATED 01/11/2021 ISSUED BY THE SENIOR GEOLOGIST, MALAPPURAM DISTRICT. |
| EXHIBIT P7 | TRUE COPY OF THE TRADE LICENSE DATED |
| 15/11/2021 ISSUED BY THE 2ND RESPONDENT. |
|
| EXHIBIT P7 (a) | TRUE COPY OF THE TRADE LICENSE DATED |
| 1/04/2020 ISSUED BY THE 2ND RESPONDENT. |
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| EXHIBIT | P7 (b) | TRUE COPY OF THE TRADE LICENSE DATED |
|---|---|---|
| 18/05/2019 ISSUED BY THE 2ND RESPONDENT. |
||
| EXHIBIT | P7 (c) | TRUE COPY OF THE TRADE LICENSE DATED |
| 03/08/2018 ISSUED BY THE 2ND RESPONDENT. |
||
| EXHIBIT | P7 (d) | TRUE COPY OF THE TRADE LICENSE DATED |
| 28/06/2017 ISSUED BY THE 2ND RESPONDENT. |
||
| EXHIBIT | P8 | TRUE COPY OF THE APPLICATION DATED 25/02/2022 SUBMITTED BY THE PETITIONER FOR RENEWAL OF TRADE LICENSE. |
| EXHIBIT | P8 (a) | TRUE COPY OF THE RECEIPT DATED 03/03/2022 ISSUED BY THE 2ND |
| RESPONDENT SHOWING THE RECEIPT OF EXT.P8 APPLICATION. |
||
| EXHIBIT | P8 (b) | TRUE COPY OF THE RECEIPT DATED 03/03/2022 ISSUED BY THE 2ND |
| RESPONDENT SHOWING THE PAYMENT OF | ||
| LICENSE FEES, PROFESSION TAX, AND PERMIT FEE. |
||
| EXHIBIT | P9 | TRUE COPY OF THE REPRESENTATION DATED 30/05/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| EXHIBIT | P9(a) | TRUE COPY OF THE RECEIPT DATED |
| 31/05/2022 EVIDENCING THE RECEIPT OF EXT-P9. |
||
| EXHIBIT | P10 | TRUE COPY OF THE COMMUNICATION DATED 28/03/2022, WHICH WAS SERVED ON THE PETITIONER ON 09/06/2022. |
| EXHIBIT | P11 | A TRUE COPY OF THE DECISION DATED |
| 29/07/2022 OF THE 1ST RESPONDENT PANCHAYAT COMMITTEE. |
RESPONDENTS EXHIBITS: NIL.
Ummar Bava E.
The Trikkalangode Grama Panchayath
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
