IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 13985 of 2010(W) --------------------------------- PETITIONER: -------------- MUTHIRATHODI MOHAMMED, S/O. ALAVI, PARAKKAPADAM, POOKKOTTUMPADAM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY MR.K.MUHAMMED SALAHUDHEEN, ADVOCATE. RESPONDENT: ---------------- THE SECRETARY, AMARAMBALAM GRAMA PANCHAYATH, POOKKOTUMPADAM P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY MR.V.RAJENDRAN, ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13985/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT DTD. 5.4.10. EXT. P2 : COPY OF THE REPLY SUBMITTED BY PETITIONER FOR EXT. P1 BEFORE THE RESPONDENT DTD. 16.4.10. EXT. P3 : COPY OF ORDER ISSUED BY RESPONDENT TO PETITIONER DTD. 20.4.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13985 OF 2010 --------------------------------------- Dated this the 13th day of July, 2010. J U D G M E N T The petitioner herein is aggrieved by the proceedings issued by the Panchayath directing him to stop the grocery business in an unauthorized building. It is the case of the petitioner that the building belongs to one Noble Thomas and the petitioner has been doing business for some time. 2. The Panchayath has filed a counter affidavit wherein it is submitted that the petitioner is doing business in an unnumbered building which has been constructed unauthorizedly. The owner of the building was also put on notice of the unauthorized construction but ignoring the notice issued, he constructed the building. It is also mentioned that the petitioner has not obtained nor did he apply for any licence to run a grocery shop. He was having a licence to conduct business in hill produces and W.P.(C) No.13985/2010 2 the same was granted in respect of Door No.AP 12/713 owned by Kalladathur Ayyappan. He has applied for renewal of the said licence for the year 2010-2011 also. The above building is away from the building wherein he is presently carrying on business without any licence. It is therefore, pointed out that the licence obtained by the petitioner for conducting business in hill produces will not enable him to conduct the business in grocery in an unnumbered building. The reasons pointed out by the Panchayath are therefore justifiable. The petitioner is not having any licence to conduct grocery business in the particular building. 3. In that view of the matter, the contentions raised by the petitioner in the writ petition cannot hold good. Learned counsel for the petitioner therefore submitted that if a breathing time is granted to him, he will vacate the building. It is prayed that the petitioner may be granted two months time to vacate the building. Therefore, the petitioner is granted two months time from today to vacate the premises. This is for enabling the petitioner to find an alternate place for conducting the business. If this W.P.(C) No.13985/2010 3 direction is not complied with, the Panchayath will be free to take action to stop the business. This writ petition is dismissed with the above observation. T.R. RAMACHANDRAN NAIR JUDGE smp