IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 17611 of 2010(B) -------------------------- PETITIONER(S): --------------- SHIBU JACOB, S/O.JACOB, POOVAM, PANNIYOOR, PALLIVAYAL, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. THE SECRETARY, KURUMATHOOR GRAMA PANCHAYATH, KURUMATHOOR, TALIPARAMBA, KANNUR DISTRICT. 2. THE KURUMATHOOR GRAMA PANCHAYATH, KURUMATHOOR, TALIPARAMBA, KANNUR DISTRICT. ADV. SRI.P.NARAYANAN FOR R1-2 SRI.M.C.RATNAKARAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.17611/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE RECEIPT DATED 21.4.2003 SHOWING THE PAYMENT OF LICENCE FEE. EXT.P2. TRUE COPY OF THE APPEAL DATED 3.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE PANCHAYAT. EXT.P3. TRUE COPY OF THE NOTICE DATED 14.12.2009 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4. TRUE COPY OF THE PLAINT IN O.S.36 OF 2010 OF THE MUNSIFF'S COURT, TALIPARAMBA. EXT.P5. TRUE COPY OF THE NOTICE DATED 31.5.2010 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(a). COPY OF THE REPRESENTATION DATED 19.7.2009 SUBMITTED BY THE MEMBERS OF THE THREE STAR KUDUMBASREE. EXT.R1(b). COPY OF THE REPORT DATED 21.7.2009 SUBMITTED BY THE MEDICAL OFFICER. EXT.R1(c), COPY OF THE NOTICE DATED 19.10.2009. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.17611 of 2010 ----------------------------------------- Dated this the 15th day of November, 2010 JUDGMENT Heard the learned counsel on both sides. 2. It is an admitted fact that the petitioner possessed a licence at an earlier point of time (during the year 2003-2004), but has not obtained renewal of the licence thereafter. While the petitioner contends that applications for renewal of the licence were duly filed, the respondent Panchayat contends that no such application was ever received. In such circumstances I am of the opinion that the ends of justice would be met if the petitioner is directed to apply afresh for a licence and the respondents are directed to consider the same. I accordingly dispose of the writ petition with a direction that in the event of the petitioner submitting an appropriate application in the prescribed form for licence to run a piggery within the local limits of the second respondent Grama Panchayat within two weeks from today, the competent authority in the second respondent shall consider the said application expeditiously and in W.P(C).No.17611 of 2010 -:2:- any event within two weeks from the date of receipt of such application. Till then the status quo as on today shall be maintained subject to the condition that in the event of the application being rejected it will be open to the respondents to close down the piggery. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.17611 of 2010 ---------------------------- JUDGMENT 15th November, 2010