IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 33307 of 2008(M) -------------------------- PETITIONER(S): --------------- KRISHNA MATCH FACTORY, NEDUMAVU, VAZHOOR, KOTTAYAM REPRESENTED BY MANAGING PARTNER, V.THIRUPATHY, AGED 62 YEARS, S/O.VENKITASWAMY NAICKEN, NEDUMAVU, VAZHOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE VAZHOOR GRAMA PANCHAYAT, VAZHOOR REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, VAZHOOR GRAMA PANCHAYAT, VAZHOOR, KOTTAYAM. 3. K.V.VARGHESE, KARUNATTU HOUSE, PULICKAL KAVALA, VAZHOOR, KOTTAYAM. ADV. SRI.S.ANANTHAKRISHNAN FOR R1 SRI.N.K.SUBRAMANIAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33307 of 2008 EXT.P1: COPY OF PERMANENT REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE FACTORY LICENCE ISSUED TO THE PETITIONER. EXT.P3: COPY OF THE CERTIFICATE DATED 31/10/2003 ISSUED BY THE DIVISIONAL FOREST OFFICER, KOTTAYAM. EXT.P4: COPY OF THE CHALAN FORM DATED 23/9/2008 SHOWING REMITTANCE OF ESI CONTRIBUTION FOR THE MONTH OF SEPTEMBER 2008. EXT.P5: COPY OF THE CHALAN SHOWING REMITTANCE OF CST ADVANCE TAX DATED 7/10/2008. EXT.P6: COPY OF THE RECEIPT DATED 6/1/1986 ISSUED BY THE R2. EXT.P7: COPY OF THE RECEIPT DATED 15/10/1999 SHOWING REMITTANCE OF LICENCE FEE FOR 1986-87 TO 1999-2000. EXT.P8: COPY OF THE RECEIPT DTED 3/4/2003 SHOWING THE REMITTANCE OF LICENCE FEE FOR 2007-O8 EXT.P9: COPY OF THE RECEIPT DATED 25/5/2007 SHOWING REMITTANCE OF LICENCE FEE FOR 2007-08. EXT.P10 SERIES: COPY OF THE PARTNERSHIP DEED DTD 22/4/1978. EXT.P11: COPY OF THE PARTNERSHIP DEED DATED 1/9/2008. EXT.P12: COPY OF THE RECEIPT DATED 7/8/2008 EVIDENCING PAYMENT OF RENT FOR 6/08 TO 7/08. EXT.P13: COPY OF RECEIPT DATED 3/10/2008 EVIDENCING PAYMENT OF RENT FOR 8/08 TO 9/08. EXT.P14; COPY OF THE RECEIPT EVIDENCING PAYMENT OF RENT FOR THE MONTHS 4/08 AND 5/08 DATED 2/6/2008. EXT.P15; COPY OF THE APPLICATION FOR RENEWAL OF LICENCE SUBMITTED ON 21/6/2008. EXT.P16: COPY OF THE LETTER DATED 7/7/2008 ISSUED BY R2. EXT.P17: COPY OF THE LAWYER NOTICE DATED 8/10/2007 TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.33307 OF 2008 ---------------------------------------- Dated this the 25th day of November, 2008 JUDGMENT The petitioner submitted an application for renewal of their licence to conduct a match factory which is Ext.P15 produced in this writ petition. The petitioner's grievance is that on the ground of a rent control petition filed by the 3rd respondent before the Civil court as also an injunction suit, respondents 1 and 2 are not considering the application for renewal of licence submitted by the petitioner. 2. I have heard the counsel for respondents 1 and 2. Although notice has been served on the 3rd respondent, he has not chosen to enter appearance and contest this writ petition. Respondents 1 and 2 have no case that any interim orders have been obtained by the 3rd respondent in the matters pending before the Civil Courts. That being so, I do not think that respondents 1 and 2 are justified in not disposing of the petitioner's application for renewal of licence in accordance with the Kerala Panchayat Raj Act and Rules thereunder. W.P.(c)No.33307/2008 2 Accordingly, this writ petition is disposed of with a direction to the competent among respondents 1 and 2 to consider and pass orders on Ext.P15 application for renewal of licence submitted by the petitioner as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.33307/2008 3