IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 13689 of 2007(D) -------------------------- PETITIONER: ------------- 1. P.D.DEVASSYKUTTY,PONTHEPPILLY HOUSE, CHENGAL P.O.,KALADY,ERNAKULAM DISTRICT. 2. A.M.BEERAVU,ETTIYATTIRA HOUSE, CHENGAL P.O.,KALADY,ERNAKULAM DISTRICT. 3. TOMY PAULOSE, ALUKA HOUSE, CHENGAL P.O.,KALADY,ERNAKULAM DISTRICT. 4. MARTIN PAUL,ALUKA HOUSE, CHENGAL P.O.,KALADY,ERNAKULAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENTS: ------------------------ KALADY GRAMA PANCHAYAT , KALADY P.O., ERNAKULAM DISTRICT PIN-683 974, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.DINESH MATHEW J.MURICKEN FOR R1 GOVERNMENT PLEADER SRI.K.V. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13689 of 2007(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: LICENCE NO.273/04-05 DTD. 16.8.2004 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. EXT.P2: LICENCE NO.186/05-06 DTD. 1.4.2005 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. EXT.P3: LICENCE NO.333/03-04 DTD. 20.8.2003 ISSUED BY THE RESPONDENT TO THE 4TH PETITIONER. EXT.P4: ORDER DTD. 8.12.2006 IN W.P.(C).NO.32801/2006 OF THIS HONOURABLE COURT. EXT.P5: APPLICATION FOR LICENCE SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENT DTD. 12.3.07. EXT.P5(a): APPLICATION FOR LICENCE SUBMITTED BY THE 2ND PETITIONER DTD. 26.2.2007 BEFORE THE RESPONDENT. EXT.P5(b): APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENT DTD. 26.2.2007. EXT.P5(c): APPLICATION FOR LICENCE SUBMITTED BY THE 4TH PETITIONER BEFORE THE RESPONDENT DTD. 23.2.2007. EXT.P6: RECEIPT TOWARDS THE REMITTANCE OF LICENCE FEE IN FAVOUR OF THE 1ST PETITIONER. EXT.P7: RECEIPT TOWARDS THE REMITTANCE OF TAX IN FAVOUR OF THE 1ST PETITIONER. EXT.P8: LETTER NO.A3-139/LIC/07-08 DTD. 11.4.2007 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. EXT.P8(a): LETTER NO.A3-119/LIC /07-08 DTD. 11.4.2007 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. EXT.P8(b): LETTER NO.A3-119/LIC/07-08 DTD. 11.4.2007 ISSUED BY THE RESPONDENT TO THE 4TH PETITIONER. EXT.P9: CHEQUES DATED. 13.4.2007IN GAVOUR OF PETITIONERS 1, 2, AND 4. RESPONDENT'S EXHIBITS: EXT.R1: APPLICATION FILED BY THE PETITIONER DTD. 11.11.2005. EXT.R1(a): PHOTOGRAPHS. ...... // TRUE COPY // P.S. TO JUDGE ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 13689 of 2007 -------------------------------------------------------- Dated: JULY 31, 2008 JUDGMENT In this writ petition what is under challenge is the refusal of the Panchayat to grant licence to the petitioners to continue their business. The reason for declining licence to the petitioners is that the Panchayat had already taken steps for the demolition of the building in which petitioners are conducting their business. 2. In view of the judgment in WP(C) 32801/2006 filed by the owners of the aforesaid building, who are also the petitioners 1 to 3 herein, and as the matter is pending consideration of the Government, until the Government takes a final decision on this matter, the petitioners are entitled to continue the business, on the strength of the licence granted to them, pursuant to the interim order passed by this Court in this writ petition. 3. Accordingly it is directed that until the WP(C) 13689/07 2 Government takes a final decision as directed in WP(C) 32801/2006, the petitioners will continue to enjoy the benefit of the interim order passed by this Court in this writ petition. Writ petition is disposed of accordingly. ANTONY DOMINIC JUDGE mt/-