IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29443 of 2011(E) ----------------------------------------- PETITIONER(S): ------------------------ OMANA VARGHESE, W/O. VARGHESE, AGED 54 YEARS, RESIDING AT PLAVILAPUTHANVEEDU (H), MANAKKALA PO, ERATHU PANCHAYATHU, PATHANAMTHITTA DISTRICT. BY ADV. SMT.LISY T.SKARIA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA - 689 645. 3. THE SECRETARY, ERATHU GRAMA PANCHAYATHU, VADAKKEDATHU KAVU PO, ADOOR - 691 529. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29443/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROVISIONAL SSI REGISTRATION CERTIFICATE ISSUED BY THE DIRECTORATE OF INDUSTRIES AND COMMERCE. P2: COPY OF THE LICENCE ISSUED BY EERATHU GRAMA PANCHAYATHU FOR THE YEAR 2006-2007. P3: COPY OF THE NOTICE NO.B4-3433/11 ISSUEDBY RESPONDENT NO.3 DTD. 16/06/2011. P4: COPY OF THE RECEIPT OF APPLICATION FOR LICENCE DTD. 16/06/11. P5: COPY OF THE COMPLAINT FILED BEFORE 2ND RESPONDENT DISTRICT COLLECTOR DTD. 17/06/2011. P5(A): COPY OF THE RECEIPT ISSUED BY RESPONDENT NO.2 DTD. 17/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.29443 Of 2011 ---------------------- Dated this the 4th day of November, 2011. J U D G M E N T The writ petition is filed seeking a direction commanding respondents 2 & 3 to consider and pass appropriate orders on the application for licence. 2. The petitioner is conducting a flour mill for the past several years. The Secretary of the Panchayath issued Ext.P3 notice directing the petitioner to stop the conduct of the flour mill till a licence is obtained from the Panchayath. It is submitted that pursuant to Ext.P3 notice, the petitioner stopped the functioning of the flour mill. It is also stated that after receiving Ext.P3, the petitioner submitted application for licence on the same day. Though the application was submitted on 16.6.2011, the Secretary of the Panchayath has not passed any order till date. Therefore, the petitioner could not re-open the mill till date. It is pointed out that the flour mill has been closed for the last four months and that the petitioner and her family has no other source of income other than the income derived from the conduct of the flour mill. Therefore, the petitioner approached ::2:: W.P.(C).No.29443 Of 2011 the 3rd respondent on several occasions requesting to issue licence. In the aforesaid circumstances, the petitioner approached this Court seeking a direction directing the 3rd respondent to consider and pass orders on the application for licence. 3. In view of the limited relief sought for in the writ petition, this Court is of the view that the writ petition can be disposed of at the admission stage itself, without issuing notice to the respondents. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and pass appropriate orders on the application for licence within a period of ten days from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID, Judge. bkn/-