IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 4011 of 2009(C) ------------------------- PETITIONER(S): --------------- ROY THOMAS,MANAGING PARTNER, 'M/S.ALLIED TIMBERS',S.H.MOUNT.P.O,PERUMBAIKADU VILLAGE, KOTTAYAM-686006. BY SMT.A.SREEKALA,ADVOCATE RESPONDENTS: ----------------- 1. KUMARANALLOOR GRAMA PANCHAYAT,KOTTAYAM DISTRICT,REPRESENTED BY IT'S SECRETARY. 2. THE SECRETARY,KUMARANALLOOR GRAMA PANCHAYAT,KOTTAYAM DISTRICT. (* ADDL.R3 IS IMPLEADED) 3. SHYNI PHILIP,W/o. PHILIP, AGED 40 YEARS, CHALEMADATHIL HOUSE, S.H.MOUNT POST, NATTASSERY KARA, PERUMBAIKADU VILLAGE, KOTTAYAM TALUK AND DISTRICT. (* ADDL. R3 IS IMPLEADED AS PER ORDER DATED 18.3.2009 IN I.A.No.3472/09) BY MR.MATHEW JOHN (K),ADVOCATE FOR ADDL.R3 MR.AJEESH K.SASI,ADVOCATE FOR ADDL.R3 MR.MATHEW PHILIP EDAPPALLIL,ADVOCATE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.4011/2009 2 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF DEED OF AMENDMENT OF THE PARTNERSHIP DATED 27.1.1992. EXT.P2: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PREDECESSOR OF THE PETITIONER FOR ACCEPTING THE LICENSE FEE DURING THE YEAR 1962-1963 DATED 29.12.1962. EXT.P3: COPY OF THE RECEIPT ISSUED TO THE PETITIONER FOR ACCEPTING THE LICENSE FEE FOR THE YEAR 2006-2007. EXT.P3(a): COPY OF THE RECEIPT ISSUED TO THE PETITIONER FOR ACCEPTING THE LICENSE FEE FOR THE YEAR 2007-2008. EXT.P4: COPY OF THE APPLICATION FILED BY THE PETITIONER FOR ISSUE OF LICENSE. EXT.P5: COPY OF THE REPLY FILED BY THE PETITIONER DATED 17.4.2008. EXT.P6: COPY OF THE REMINDER SENT BY THE PETITIONER DATED 13.5.2008. EXT.P7: COPY OF THE PLAINT IN O.S.No.526/2008 FILED BEFORE SUB COURT, KOTTAYAM. EXT.P8: COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT. TRUE COPY P.A.TO JUDGE S. SIRI JAGAN, J. ---------------------------------------- W.P.(C)No.4011 OF 2009 ------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner is aggrieved by non-consideration of Ext.P4 application filed by him for a licence to conduct a Saw Mill, and seeks expeditious disposal of the same. The learned counsel for the additional 3rd respondent opposes the same. I am of opinion that once the petitioner files an application, as provided for under the Kerala Panchayat Raj Act, the 2nd respondent has a duty to consider and pass orders on the same considering the contentions of all concerned. Accordingly, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4 application for licence submitted by the petitioner, after affording an opportunity of being heard to the petitioner as well as the additional 3rd respondent as expeditiously as possible, at any W.P.(c)No.4011/09 2 rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 2nd respondent for compliance. S. SIRI JAGAN, JUDGE Acd