IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 19026 of 2009(W) -------------------------- PETITIONER(S): --------------- LINTO RAJAN,S/O.RAJAN,AGED 29, KODIYAN HOUSE,PUDUKKADU P.O.,THRISSUR. BY ADV. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SRI.IMTHIYAZ AHAMED SRI.K.SANEESH KUMAR RESPONDENT(S): --------------- 1. PUDUKKAD GRAMA PANCHAYATH, REP.BY ITS SECRETARY,PUDUKKAD P.O., THRISSUR DISTRICT,PIN:686301. * ADDL.R2 K.A.VILSON, AGED 53, S/O.ANTONY, KODIYAN HOUSE, PUDUKKAD PO, THRISSUR (IMPLEADED AS ADDL.R2 AS PER ORDER DT.25.8.09 IN I.A.10601/09) ADV. SRI.RENJITH THAMPAN FOR R1 SMT.P.A.ANITHA FOR R1 SMT.DHANYA P.ASHOKAN FOR ADDL.R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ```````````````````````````````````````````````````` W.P(C) No. 19026 and I.A.No.10601 of 2009 ```````````````````````````````````````````````````` Dated this the 25th day of August, 2009 J U D G M E N T The I.A. is one seeking impleadment. Having perused the affidavit filed in support of that application, I am satisfied that the petitioner therein has shown sufficient reason for being impleaded as a supplemental respondent in this writ petition. I.A.No.10601/09 is accordingly allowed. 2. There is a suit for partition pending between the petitioner and the additional respondent. The petitioner has an establishment in the disputed building. His application for renewal of licence is held up with the LSGI on a ground referrable to the pendency of a civil suit. While the suit for partition determines the rights of parties in terms of the property law and law of inheritance etc. as may apply; the LSGI should be concerned only to ensure that the establishment of the petitioner runs in accordance with the laws governing its control over such establishments. The plea of the additional respondent is also limited to the request that any WPC.19026/09 : 2 : order issued by this court shall not impair the contentions or rights of the parties in the civil suit. 3. Having regard to the facts and circumstances, this writ petition is ordered directing that if the petitioner applies for renewal of licence, it shall be considered by the Panchayat and orders shall be issued within three weeks from the date of receipt of a copy of this judgment. This direction shall in no way impair the rights of the parties or their contentions before the civil court in the suit for partition. It is also ordered that subject to the licence as may be issued by the Panchayat, the petitioner will also stand guided and bound by any direction has been, or may be, issued by the civil court in the course of the aforesaid suit. Writ petition is ordered accordingly without touching on the rival contentions as between the petitioner and the additional respondent on the matters pending in the civil suit. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) aks