IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 9477 of 2009(D) ------------------------- PETITIONER(S): ------------------ P.J.AUGUSTINE PARTNER,XL PRINTERS VARAPPUZHA, VARAPPUZHA. BY ADV. SRI.T.RAJESH SRI.P.BINNY JOSEPH RESPONDENT(S): -------------------- 1. VARAPPUZHA GRAMA PANCHAYATH, VARAPPUZHA REPRESENTED BY ITS SECRETARY. 2. ALBERT, S/O.DEVASSY KUNATTU (H) VARAPPUZHA 3. MARY ALBERT, W/O.ALBERT, PANCHAYAT MEMBER VARAPUZHA GRAMA PANCHAYAT, VARAPPUZHA ADV. SRI.V.A.MUHAMMED FOR R1 SRI.M.SAJJAD FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, ALONG WITH WPC NO.7572/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9477/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE PANCHAYAT LICENCE ISSUED FROM THE 1ST RESPONDENT PANCHAYAT. EXT.P2: A TRUE COPY OF THE RENT CONTROL PROCEEDINGS INITIATED BY THE 2ND RESPONDENT. EXT.P3: A TRUE COPY OF THE LETTER DT.2.3.2009 ISSUED BY THE PETITIONER TO 1ST RESPONDENT. EXT.P4: THE TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING RECEIPT OF EXT.P3 BY THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) Nos.9477/2009 & 7572/2010 -------------------------------------------------- Dated this the 15th day of March, 2010 J U D G M E N T Petitioner has established a printing press by name XL printers in building No.316/VII. 2. According to the petitioner, the Panchayat had issued licence for the said press. For the year 2009-2010, petitioner made an application for licence; however the Panchayat did not pass any orders. It was in those circumstances the petitioner filed WP(c). No.9477/2010 praying for a direction to the Panchayat to pass orders on the licence application submitted by him. In that writ petition this court issued notice to the Panchayat. Though notice has been served, no counter affidavit has been field by the Panchayat. 3. For the year 2010-2011 according to the petitioner, he submitted an application for renewal of licence along with fee but however the Panchayat refused to accept the same. According to the petitioner such refusal on the part of the Panchayat is at the instance of the Land Lord whose husband is a Panchayat member. WPC.No. 9477/09 & anor. :2 : Following such refusal, petitioner says that he made Ext.P5 representation to the Secretary of the Panchayat and as there was no response to Ext.P5 that writ petition No.7572/2010 is filed. 4. In so far as the year 2009-2010 is concerned,.the period thereof is almost over. Therefore, at that stage what is required is that the Panchayat should accept the application of the petitioner for renewal of his license for 2010-2011 and pass orders thereon. 5. Therefore I dispose of these writ petitions directing that it will be open to the petitioner to submit his application for renewal of licence for the year 2010-2011 along with fee, in which event the first respondent shall accept the same and pass orders thereon. Petitioner may produce a copy of the judgment before first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 9477/09 & anor. :3 :