IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32600 of 2008(E) -------------------------- PETITIONER(S): --------------- SUNNY .V.M, S/O.MANI, VEMPANIKKAL HOUSE, NARAKKANAM.P.O, IDUKKI DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. IDUKKI DISTRICT PANCHAYATH REP;BY ITS SECRETARY, PAINAVU.P.O, IDUKKI DISTRICT. 2. THE SECRETARY, IDUKKI DISTRICT PANCHAYATH, PAINAVU.P.O, IDUKKI. 3. VAZHATHOPPU GRAMA PANCHAYATH,REP. BY ITS SECRETARY, VAZHATHOPPU, IDUKKI DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32600 of 2008 ================== Dated this the 5th day of November, 2008 J U D G M E N T The petitioner runs an STD booth in a shop room belonging to the 1st respondent Panchayat. The petitioner claims that the petitioner has obtained Ext.P5 licence not only for running the STD booth but also a coffee bar in the shop room in question. However, by Ext.P9 order, the Panchayat has taken a view that the licence is only for running STD booth and therefore, the coffee bar being run by the petitioner has to be removed immediately. According to the petitioner, having issued Ext.P5 licence for running STD booth and coffee bar, the Panchayat cannot take such a stand. I am of opinion that against Ext.P9 order the petitioner has an effective remedy by way of appeal as provided under the Kerala Panchayat Raj Act. Therefore, this writ petition is dismissed without prejudice to the right of the petitioner to challenge Ext.P9 order in an appeal as provided under the Kerala Panchayat Raj Act. However, to enable the petitioner to move the appellate authority and seek interim orders, Ext.P9 shall not be implemented for a period of two weeks. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2