IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 15134 of 2006(B) -------------------------- PETITIONER(S): --------------- MUHAMMED KUNJU U., CHINCHOOS COTTAGE, VADUTHALA MURI, PANMANA VILLAGE, PUTHENCHANDA P.O., CHAVARA,KOLLAM BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT. 2. PANMANA GRAMA PANCHAYAT, EDAPPALLY KOTTA P.O., PANMANA, KOLLAM, REPRESENTED BY ITS SECRETARY. 3. MR. MUHAMMED KUNJU A., KAIMA VEETTIL, NADUVATHU CHERI, VADUTHALA, PUTHENCHANTHA P.O., CHAVARA, KOLLAM. R1 BY GOVT. PLEADER SRI.V.MANU R2 BY ADV. SRI.M.P.RAMNATH R3 BYADV. SRI.S.SUDHEESHKAR SRI. K.SIJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.15134/06 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.19.8.04 ALONG WITH THE PLAN AND SKETCH. EXT.P2: TRUE COPY OF THE DECISION DTD.2.9.04 TAKEN BY THE 2ND RESPONDENT PANCHAYAT. EXT.P3: TRUE COPY OF THE REPORT OF THE SUB COMMITTEE DTD.11.2.05. EXT.P4: TRUE COPY OF THE ORDER DTD.23.2.05 IN W.P(C).3983/05 BY THIS HON'BLE COURT. EXT.P5: TRUE COPY OF EXT.P2 PRODUCED IN W.P(C0.3983/05. EXT.P6: TRUE COPY OF THE STATEMENT DTD.30.5.05 SUBMITTED BY THE PETITIONER BEFORE THE 2ND REPSONDENT. EXT.P7: TRUE COPY OF THE STATEMENT SUBMITTED THROUGH A LAWYER. EXT.P8: TRUE COPY OF THE MINUTES OF THE RESOLUTION DTD.16.6.05. EXT.P9: TRUE COPY OF THE PAPER PUBLICATION DATED 21.7.05. EXT.P10: TRUE COPY OF THE DEPOSITION MADE BY THE PETITIONER THROUGH HIS LAWYER DTD.29.11.05. EXT.P11: TRUE COPY OF THE ORDER DTD.5.10.05 IN APPEAL 690/05 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P12: TRUE COPY OF THE MINUTES OF THE RESOLUTION DTD.2.12.2005 ISSUED BY THE 2ND REPSONDENT. WPC.15134/06 EXT.P13: TRUE COPY OF THE ORDER DTD.20.1.06 IN W.P(C).34815/05. EXT.P14: TRUE COPY OF THE DECISION DATED 21.4.06 IN APPEAL 690/05. RESPONDENT'S EXHIBITS: EXT.R2(A):TRUE PHOTOSTAT COPY OF REPRESENTATION RECEIVED FROM FISH VENDORS BY THE 2ND RESPONDENT ON 6.8.04. EXT.R2(B): TRUE PHOTOCOPY OF REPRESENTATION DATED 18.8.04 OF THE VYAPARI VYAVASAI EKOPANA SAMITHI TO R2. EXT.R2(C): TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE LOCAL PUBLIC OF THE PUTEHN CHANTHA MARKET AREA BEFORE THE 2ND RESPONDENT. EXT.R2(D): TRUE PHOTOCOPY OF THE REPORT OF THE 2ND REPSONDENT SUB COMMITTEE DATED 26.11.05. EXT.R2(E): TRUE PHOTOCOPY OF THE DEPOSITION MADE BY THE 3RD RESPONDENT DATED 29.11.05. EXT.R2(F): TRUE PHOTOSTAT COPY OF THE LICENCE ISSUED TO THE 3RD RESPONDENT BY THE 2ND REPSONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15134 OF 2006 ------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT This writ petition relates to the rival claims of the petitioner and the third respondent for licence in relation to a fish market. As of now, the third respondent is no more. This means that the Panchayat has to consider issuance of licence as applied for by the petitioner as also any other applications, including by the Legal Representatives of the third respondent. This writ petition is ordered accordingly making it clear that this judgment does not stand in the way of the Panchayat going for an open auction for granting the licence. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.22/8.