IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 14768 of 2010(U) ---------------------------------------- PETITIONER(S): ----------------------- K.R. SUNIL, S/O.RAMAN, AGED 40 YEARS, KAITHAVALAPPIL HOUSE, PUTHUVYPE.P.O, VYPPIN, COCHIN TALUK. BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE, ADV. SRI.MILLU DANDAPANI. RESPONDENT(S): -------------------------- 1. THE SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYAT, MALIPURAM.P.O, ERNAKULAM DISTRICT-682 511. 2. GRAMA PANCHAYAT COMMITTEE, ELAMKUNNAPUZHA GRAMA PANCHAYAT, MALIPURAM.P.O, ERNAKULAM DISTRICT-682 511. 3. M.M. XAVIER, AGED 53 YEARS, MOOLAMKUZHI HOUSE, NJALANKARA, THRIKKAKARA, ERNAKULAM DISTRICT. * ADDL. R4 IMPLEADED ADDL.R4: THAMBI, S/O.SAHADEVAN, MANNALIL HOUSE, MALIPPURAM, ELANKUNNAPUZHA VILLAGE, ERNAKULAM DISTRICT. ADDL.R4 IS IMPLEADED AS PER ORDER DATED 01/06/2010 IN I.A.6263/2010. R1 BY ADV. SRI.S.SHANAVAS KHAN. ADDL. R4 BY ADV. SRI.RAJESH VIJAYENDRAN, SRI.BIMAL PRASAD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14768/2010-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMBERSHIP ISSUED BY THE KERALA FISHERMEN WELFARE FUND BOARD, THRISSUR. EXT.P2: COPY OF THE AGREEMENT OF LEASE DEED DATED 12/03/2009 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT. EXT.P3: COPY OF THE APPLICATION FOR LICENCE FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 29/04/2009. EXT.P4: COPY OF THE PLAINT IN O.S.243/2009 FILED BEFORE THE MINSIFF'S COURT, KOCHI BY THE PETITIONER, DATED 08/07/2009. EXT.P5: COPY OF THE JUDGMENT IN O.S.243/2009 DATED 20/10/2009. EXT.P6: COPY OF THE LETTER DATED 14/05/2009 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT VIDE NO.A1-240/2009-10. EXT.P7: COPY OF THE LETTER DATED 07/08/2009 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT NO.A1-240/2009-10. EXT.P8: COPY OF THE INTIMATION DATED 11/11/2009 VIDE NO.A1-240/2009-10 OF THE 1ST RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE LETTER DATED 18/01/2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER VIDE NO.-A1-240/2009-10. EXT.P10: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 28/01/2010 IN WP(C) NO. 32180/2009-N. EXT.P11: COPY OF THE NOTICE VIDE NO.A1-4583/09(2) DATED 11/02/2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONR WITH DECISION OF RESPONDENTS 1 AND 2. EXT.P12: COPY OF THE NOTICE NO.A1-240/09 DATED 16/02/2010 OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER. EXT.P13: COPY OF THE REVISION PETITIO PREFERRED BY THE PETITIONER BEFORE THE TIRBUAL FOR LOCAL SELF GOVERNMENT INSTITITUTIONS, THIRUVANANTHAPURAM ON 17/02/2010. EXT.P14: COPY OF THE ORDER DATED 17/02/2010 IN I.A. NO.194/2010 IN R.P.NO.17/2010 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P15: COPY OF THE ORDER DATED 29/04/2010 IN R.P.NO.17/2010 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. ........2/- WP(C) NO. 14768/2010-U EXT.P16: COPY OF THE APPLICATION FOR LICENCE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 28/04/2010. EXT.P17: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER VIDE NO.A.240/2009 DATED 07/05/2010. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE JUDGMENT DATED 28/01/2010 IN WP(C) NO. 32180/2009 OF THIS HONOURABLE COURT. EXT.R1(b): COPY OF THE JUDGMENT DATED 06/04/2009 IN WP(C) NO. 32083/2008 OF THIS HONOURABLE COURT. EXT.R1(c): COPY OF THE DECISION OF THE PANCHAYAT COMMITTEE DATED 18/05/2010. EXT.R4(a): COPY OF THE STATEMENT OF OBJECTION FILED BY THE PANCHAYAT BEFORE THE TRIBUNAL. EXT.R4(b): COPY OF THE PHOTOGRAPHS SHOWING THE SEALING OF THE UNAUTHORIZED MARKET BY THE PANCHAYAT. //TRUE COPY// P.S. TO JUDGE rs. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.14768 of 2010 --------------------------------- DATED THIS THE 1ST DAY OF JUNE, 2010 JUDGMENT The petitioner is a fisher man, who is selling fish in Fish Stall Nos.272 and 273 in Ward No.IX of Elamkunnappuzha Village. The challenge in the Writ Petition is against Exhibit P17 as well as Exhibit R1(a) decision taken by the Panchayat. It is submitted by the learned counsel for the petitioner that the petitioner has already filed revision against the same before the Tribunal for Local Self Government Institutions. Therefore, leaving open the right of the petitioner to pursue the said revision petition, this Writ Petition is closed. T.R.RAMACHANDRAN NAIR, JUDGE. dsn