IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 35934 of 2010(N) -------------------------- ------------ PETITIONER(S): ----------------------- P.K.KAMALAPPAN, LICENSEE OF TODDY SHOP NOS.33 TO 39(2010-11), GROUP NO.VI, ETTUMANOOR RANGE, KOTTAYAM DIVISION, KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENT(S): -------------------------- 1. K.M.RAJAPPAN, THADATHIPARAMBIL, KAIPUZHA, KOTTAYAM.686 602. 2. ETTUMANOOR RANGE CHETHU THOZHILALI UNION(CITY), REP. BY THE SECRETARY, SRI.K.N.RAVI, ETTUMANOOR, KOTTAYAM. 686 631. 3. THE SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM(HAVING JURISDICTION OVER T.S.NO.38),686001 4. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST, KOTTAYAM(HAVING JURISDICTION OVER T.S.NO.38),686001. 5. THE SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, ETTUMANOOR, KOTTAYAM (HAVING JURISDICTION OVER T.S.NO.38).686631. 6. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR, KOTTAYAM (HAVING JURISDICTION OVER T.S.NO.38). 686631. W.P.(C) NO.35934/2010 7. THE NEENDOOR GRAMA PANCHAYATH, REP. BY THE SECRETARY, NEENDOOR P.O., KOTTAYAM. 8. THE ATHIRAMPUZHA GRAMA PANCHAYATH, REP. BY THE SECRETARY, ATHIRAMPUZHA, P.O.KOTTAYAM. 9. THE SECRETARY TO GOVT., LOCAL SELF GOVT. DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.695001. R3 TO R6 BY GOVT. PLEADER SRI.V.MANU R8 BY ADV. SRI.K.JAJU BABU R7 BY ADV. SRI.MATHEW PHILIP,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 35934/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IST AND LAST PAGE OF LICENCE IN T.S. NO.38. P2:- COPY OF THE IST AND LAST PAGE OF LICENCE IN T.S. NO.39. P3:- COPY OF THE INTER DIVISION TODDY TRANSPORT PERMIT IN T.S. NO.38. P4:- COPY OF THE INTER DIVISION TODDY TRANSPORT PERMIT IN T.S. NO.39. P5:- COPY OF THE NOTICE DTD. 4.11.2010 ISSUED BY THE PETITIONER TO THE SIT RESPONDENT. P6:- COPY OF THE NOTICE DTD. 30.10.2010 ISSUED BY 2ND RESPONDENT UNION. P7:- COPY OF THE PETITION DTD. 22.11.2010 SUBMITTED BEFORE THE SUB INSPECTOR GANDI NAGAR. P8:- COPY OF THE PETITION DT. 22.11.2010 SUBMITTED BEFORE THE SUB INSPECTOR ETTUMANOOR. P9:- COPY OF THE APPLICATION DT.D 26.11.2010 FILED BEFORE 7TH RESPONDENT. P10:- COPY OF THE RECEIPT DTD. 26.11.2010 FOR EXT.P9. P11:- COPY OF THE APPLICATION DTD. 26.11.2010 FILED BEFORE 8TH RESPONDENT. P12:- COPY OF THE RECEIPT DTD. 27.11.2010 FOR EXT.P11. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35934 OF 2010 -------------------------- Dated this the 13th day of December, 2010 J U D G M E N T The petitioner is the licencee of toddy shop Nos 33 to 39 in Group No.VI of Ettumanoor Range along with Sri.V.T.Shaji and Mathew Thomas for the year 2010-2011. With a view to establish toddy shop No.38 within the local limits of the seventh respondent Grama Panchayat and toddy shop No.39 within the local limits of eighth respondent Grama Panchayat, the petitioner submitted Exts.P9 and P11 applications respectively. In this writ petition, the petitioner seeks a direction to the said local authorities to issue necessary licences to the privilege holders under the provisions of the Kerala Panchayat Raj (Issuance of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (hereinafter referred to as 'the rules' for short) within a time limit to be fixed by this Court. 2. Respondents 1, 2, 7 and 8 have been served. Notice to other respondents has been dispensed with in view of the fact that the petitioner is not pressing relief Nos. 1 to 3. The learned counsel appearing for the seventh respondent Panchayat submitted that the application for licence submitted by the privilege holders in respect of toddy shop No.38 has been considered and that licence will be WPC No.35934/2010 2 issued shortly to the privilege holders. The learned counsel for the eight respondent submitted that the application for licence is being considered and that a decision will be taken in the matter within two weeks from today. In the light of the aforesaid submission, I am of the opinion that the petitioner cannot have any subsisting grievance. I accordingly dispose of this writ petition recording the submission made on behalf of the seventh respondent that the licence to the privilege holders in respect of toddy shop No.38 within the local limits of seventh respondent Grama Panchayat will be issued within one week from today and the submission made on behalf of eight respondent that the application for licence submitted by the privilege holder in respect of toddy shop No.39 will be considered and orders passed within two weeks from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.35934/2010 3 WPC No.35934/2010 4