Disposed

Ramesh Ravi v. Kizhkkambalam Grama Panchayat

Kerala HC13 Jul 2023WP(C)/5131/2015

Case brief

AI extract

What is this about?

The petitioner sought directions for the renewal of his fish vending unit license and quashing of an earlier order. The court directed the respondents to consider the petitioner's fresh application submitted in 2022 within six weeks, provide a proper reply, and keep the interim suspension in force until those orders are communicated.

What did the court decide?

Directing the Panchayat to consider the petitioner's fresh license application submitted on 12/9/2022 within six weeks and provide a proper reply; interim suspension remains in force.

Ramesh Ravi Vs Kizhkkambalam Grama Panchayat — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

THURSDAY, THE 13TH DAY OF JULY 2023 / 22ND ASHADHA, 1945

¶5

WP(C) NO. 5131 OF 2015

¶6

PETITIONER:

¶7

RAMESH RAVI
AGED 32 YEARS
S/O. RAVEENDRAN, CHEERASSERY HOUSE, MALIPPURAM,
ERNAKULAM DISTRICT.

¶8

BY ADVS.
SRI.C.P.PEETHAMBARAN
SRI.M.X.ANTONY LIJO

¶9

RESPONDENTS:

¶10

1 KIZHKKAMBALAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KIZHAKKAMBALAM-683 562, ERNAKULAM DISTRICT.

¶11

2 THE SECRETARY

¶12

KIZHAKKAMBALAM GRAMA PANCHAYAT, KIZHAKKAMBALAM-683 562,
ERNAKULAM DISTRICT.

¶13

BY ADVS.

¶14

SHRI.ABRAHAM P.MEACHINKARA, SC, KIZHAKKAMBALAM GRAMA
PANCHAYAT

¶15

SHRI.THOMAS GEORGE, SC, KIZHAKKAMBALAM GRAMA PANCHAYAT

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C) NO. 5131 OF 2015

¶18

¶19

JUDGMENT

¶20

Dated this the 13^th day of July, 2023

¶21

This writ petition is filed seeking the following reliefs:-

¶22

i. call for the records leading to Exhibits P-11 Order from the respondents and quash Exhibit P-11 order by issuing a writ of certiorari or any other appropriate Writ, Order or Direction.

¶23

ii. issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the respondents to renew Exhibit P-2 license of the petitioner forthwith;

¶24

Heard the learned counsel for the petitioner.

¶25

It is submitted by the learned counsel for the petitioner that the writ petition was admitted on 18/2/2015 and an interim suspension of Ext.P11 had been ordered on the said date. It is submitted that though counter affidavits have been filed, the interim order had been extended from time to time and is still in force. It is submitted that the petitioner has now submitted application for licence as evidenced by Ext.P13 and the same is liable to be considered in accordance with law. It is submitted that though the date of submission of the application for licence was on 12/9/2022, no orders have been passed on the application.

¶26

WP(C) NO. 5131 OF 2015

¶27

¶28

This writ petition is disposed of directing that in case the petitioner has submitted an application for fresh licence for the fish vending unit, the same shall be considered in accordance with law and a proper reply provided to the petitioner. In case there is any deficiency in the application submitted by the petitioner, the petitioner may be informed accordingly and given an opportunity to file a proper application. The necessary shall be done by the Panchayat within a period of six weeks from the date of receipt of a copy of this judgment. The interim order granted by this Court shall remain in force till orders are passed and communicated to the petitioner as directed above.

¶29

This writ petition is ordered accordingly.

¶30

Sd/-

¶31

ANU SIVARAMAN JUDGE

¶32

ska

¶33

WP(C) NO. 5131 OF 2015

¶34

¶35

APPENDIX OF WP(C) 5131/2015

¶36

PETITIONER EXHIBITS

¶37

P1 : COPY OF THE LATEST REGISTRATION CERTIFICATE ISSUED
BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR
DTD.29.1.2014 ALONG WITH ITS TRUE ENGLISH TRANSLATION.

¶38

P2 : COPY OF THE LATEST RENEWAL LICENSE DTD.1.4.2013
ISSUED BY THE 2ND RESPONDENT ALONG WITH ITS TRUE
ENGLISH TRANSLATION.

¶39

P3 : COPY OF THE SANITATION CERTIFICATE ISSUED BY THE
HEALTH INSPECTOR, PRIMARY HEALTH CENTRE,
MALAYIDAMTHURUTHU.

¶40

P4 : COPY OF THE NOTICE DTD.7.3.2014 ISSUED BY THE 2ND
RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.
P5 : COPY OF THE REPLY DTD.24.4.2014 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS ALONG WITH ITS TRUE
ENGLISH TRANSLATION.

¶41

P6 : COPY OF THE ORDER DTD.22.5.2014 ISSUED BY THE 2ND
RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.

¶42

P7 : COPY OF THE REPRESENTATION DTD.24.5.2014 SUBMITTED
BY THE PETITIONER BEFORE THE GRAMA PANCHAYAT COMMITTEE
ALONG WITH ITS TRUE ENGLISH TRANSLATION.

¶43

P8 : COPY OF THE PHOTOGRAPHS OF PETITIONER'S COLD
STORAGE.

¶44

P9 : COPY OF THE REPRESENTATION DTD.3.6.2014 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH
ITS TRUE ENGLISH TRANSLATION.

¶45

P10 : COPY OF THE JUDGMENT DTD.1.12.2014 IN WPC

¶46

NO.18442/2014 OF THIS HON'BLE COURT.

¶47

P11 : COPY OF THE ORDER DTD.10.2.2015 OF THE 2ND
RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.

¶48

P12 : COPY OF THE MASS OPINION SIGNED BY THE CUSTOMERS
AND NEIGHBOURS ALONG WITH ITS TRUE ENGLISH TRANSLATION.

¶49

Exhibit P13 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED

¶50

12.09.2022 ISSUED BY THE 1ST RESPONDENT

¶51

RESPONDENT’S EXHIBITS

¶52

EXT.R1(A) A TRUE COPY OF THE MINUTES OF THE
PANCHAYAT

Ramesh Ravi v. Kizhkkambalam Grama Panchayat

Case brief

What is this about?

What did the court decide?

Ramesh Ravi v. Kizhkkambalam Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nisha K S Vs Sheeba George

K.J. Julius Vs the State of Kerala

Mylaady Ware Housing Private Ltd. Vs State of Kerala

The Board of Directors of the Irinjalakuda Co-Operative Hospital Ltd. No.R 954, Vs the Housing and Urban Development Corporation Ltd.

Mcs Advertisers Vs Pudusseri Grama Panchayat

Nijunjam Constructions Private Limited Vs State of Kerala