IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 24693 of 2009(F) -------------------------- PETITIONER(S): --------------- K.K.IBRAHIM, AGED 47 YEARS, S/O.K.A.KASSIM, KAKSONS HOUSE, PALLAMTHURUTHU ROAD, NORTH PARUR. BY ADV. SRI.B.RAMACHANDRAN RESPONDENT(S): --------------- PUTHENVELIKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PUTHENVELIKKARA- 683594. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.24693 OF 2009 ------------------------------------------- Dated this the 26th day of August, 2009 JUDGMENT 1.Notice to the respondent dispensed with preserving its right for re-hearing of the matter, if aggrieved. 2.The petitioner applied for permit to run an establishment in building bearing Nos.222 and 223 in Ward No.VII of the Puthenvelikkara Grama Panchayat on the assertion that such activity was being carried on even earlier in the buildings covered by those two numbers. The petitioner made Ext.P1 petition before the president and members of the committee of the Panchayat. The application for licence was not considered by the secretary of the Grama Panchayat on the ground that building No.223 is a four roomed RCC structure shown as a residential building in the assessment register. The view of the secretary was communicated to the petitioner. The petitioner again wrote back to the secretary. That led to the WPC.24693/09 Page numbers issuance of Ext.P2, disclosing the firm stand that permit cannot be granted for the use of the premises for a non- residential purpose. The petitioner, thereafter, submitted Ext.P3 saying though that his application is for buildings bearing Nos.222 and 223, that may be treated as one confining to building No.222, if building No.223 is a residential building going by the assessment register. 3.Ext.P3 is dated 20.8.2003 and this writ petition is filed today, on 26.8.2009, seeking an order directing the respondent Panchayat to issue licence for sale of Hero Honda Two Wheelers and Spare Parts from the building bearing No.222. It is not within the province of this Court to now issue any direction as sought for. All that the petitioner could aspire is consideration of Ext.P3 or any fresh application for licence which he may file before the Panchayat authorities. Accordingly, it is ordered that the secretary of the Panchayat will issue a decision on Ext.P3, taking the request of the petitioner as confined to be one limited to a request for licence WPC.24693/09 Page numbers for the establishment to function in building bearing No.222. However, if a fresh application is required, the secretary will notify that fact to the petitioner and take a decision accordingly. Let a decision on Ext.P3 follow within a period of 10 days of the production of a copy of this judgment and a copy of this writ petition. It is clarified that this judgment does not express anything on the merits of the claim of the petitioner or otherwise. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/8.