IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WA.No. 615 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13887/2011 Dated 24/05/2011 .................... APPELLANT(S): APPELLANT ----------------------- K.R.SUNIL,AGED 40 YEARS, S/O.RAMAN, KAITHAVALAPPIL HOUSE, PUTHUVYPE P.O.VYPIN, ERNAKULAM BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.J.ABHILASH SRI.JINU JOSEPH SRI.SHIJU VARGHESE (WAYANAD) RESPONDENT(S)/RESPONDENTS: --------------- 1. ELAMKUNNAPUZHA GRAMA PANCHAYAT, MALIPPURAM,ERNAKULAM REP.BY THE SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYAT, PIN-682 503 2. THE SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYAT, MALIPPURAM, ERNAKULAM,PIN-682 503 3. THAMPI, S/O.SAHADEVAN, MANNIL HOUSE,MALIPURAM, OCHANTHURUTHU ERNKAKULAM-682 004 4. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001 ADV. SRI.S.SHANAVAS KHAN FOR R1, R2 SRI. GEORGE MECHERIL G.P.FOR R4 SRI. RAJESH VIJAYENDRAN FOR R3 THIS WRIT APPEAL HAVE COME UP FOR ADMISSION ON 20/09/2011, ALONG WITH WPC NO. 13887 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 615 of 2011() APPELLANT'S ANNEXURES: ANNEXURE A:- COPY OF ORDER OF THE SECRETARY AND ENGLISH TRANSLATION. ANNEXURE B:- COPY OF APPEAL SUBMITTED BEFORE THE PANCHAYAT COMMITTEE. ANNEXURE C:- COPY OF THE COUNTER SUBMITTED BY THE PANCHAYAT BEFORE TRIBUNAL. ANNEXURE R1(A) COPY OF THE REPORT DATED 27.10.2010 OF THE MEDICAL OFFICER-IN- CHARGE, COMMUNITY HEALTH CENTRE, MALIPPURAM. ANNEXURE R1(B) COPY OF THE SKETCH SHOWING THE NATURE AND LIE OF FISH MARKET OF THE R3. /TRUE COPY/ P.S. TO JUDGE CL C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. ........................................... W.A.NO.615 OF 2011 & W.P.(C).NO.13887 OF 2011 ............................................. Dated this the 20th day of September, 2011. JUDGMENT C.N. Ramachandran Nair, J. The order under challenge in the writ petition is one issued by the Tribunal for Local Self Government Institutions declining licence to the petitioner, who is the appellant in the writ appeal, to carry on fish business in a shop which is located on the road side in Elankunnapuzha panchayat. During hearing of the writ appeal, we called for the writ petition, heard the parties and proceed to dispose of the same along with the writ appeal. 2. Counsel appearing for the appellant/petitioner and counsel appearing for the respondents were heard. The appellant/petitioner produced photographs of the so called fish market licenced by the panchayat and also produced sketch of the fish market wherein two persons are licenced to carry on business in fish. What we notice from the photographs produced is that just like the appellant/petitioner, another dealer, who is the third W.A.NO.615 OF 2011 & W.P.(C).NO.13887 OF 2011 : 2 : respondent in the writ appeal, is running a shop on the road side selling fish in a shop room. We are told that through a narrow access provided by the side of the third respondent's shop, customers can access to the market place where other dealers carry on business in fish. The reason why the appellant/petitioner is declined licence by the panchayat is because his shop is not in the fish market. The third respondent's shop is nothing but a room on the road side where from he is carrying on business in the same style as that of the appellant/petitioner. On going through the photographs and after hearing both sides, we are satisfied that the panchayat is only trying to help the third respondent by declining licence to the appellant/petitioner. 3. We therefore allow both the writ appeal and the writ petition by vacating the order of the Tribunal as well as that of the panchayat with a direction to the panchayat to issue licence to the appellant/petitioner to carry on business until such time the third respondent is permitted to carry on fish business in the shop on the road side. However, if the panchayat feels that processing and vending of the fish involve pollution, they can bar fish vending on the road side W.A.NO.615 OF 2011 & W.P.(C).NO.13887 OF 2011 : 3 : but allow the same in the market place exclusively instructed with the facilities for disposal of the waste. We also record the submission of the third respondent that the appellant/petitioner also may be given space on the same terms as that of other dealers in the fish market to carry on fish business behind his shop room. If the third respondent closes his shop room on the road side and shifts to the market place, then the panchayat will reissue licences for the third respondent as well as the appellant/petitioner to carry on business in the market place. The appellant/petitioner is directed to maintain hygiene in terms of the orders of the Health Inspector Both the writ petition and writ appeal are disposed of as above. Sd/- C.N. RAMACHANDRAN NAIR, JUDGE. Sd/- P.S. GOPINATHAN, JUDGE. cl