IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 6775 of 2010(V) ------------------------------ PETITIONERS: ---------------- 1. P.P.MUHAMMADALI, S/O.MUHAMMED, AGED 45 YEARS, PALASSERI PULIKKAL P.O.KUTTOOR NORTH, TIRURANGADY, MALAPPURAM DISTRICT. 2. P.MAJEED, S/O.MUHAMMED, PONNAMPARAMBATH HOUSE, FEROKE AMSOM, NALLUR DESOM, P.O.KURUVANTHURUTH, KOZHIKODE TALUK. 3. C.HASSAN, S/O.IMBICHALI, CHERUKATTU VEEDU, PUTHUKAIPADAM, NALLUR, FEROKE, KOZHIKODE DISTRICT. 4. K.P.ALIKUTTY, S/O.UNNEENKUTTY, KARAIPPADAM HOUSE, NALLUR, FEROKE, KOZHIKODE DISTRICT. BY MR.P.V.KUNHIKRISHNAN, ADVOCATE. RESPONDENTS: ------------------ 1. FEROKE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, FEROKE P.O., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. WP(C).No. 6775 of 2010(V) 3. V.ABDUL KAREEM, S/O.V.IMBCHI BAVA, SHAJI COTTAGE, P.O.KARUVANTHURUTHY VIA FEROKE, KOZHIKODE - 17. 4. N.ALI MOHAMMED, S/O.MOIDEEN HAJI, "MINNATH" MANZIL, KAVAPPURA, KALPAKANCHERRY P.O., MALAPPURAM DISTRICT PIN: 676 551. BY MR.K.M.FIROZ, ADVOCATE, FOR R3 & R4. MS.M.SHAJNA, ADVOCATE, FOR R3 & R4. MR.K.V.PAVITHRAN, ADVOCATE, FOR R1. MR.JAYANANDAN MADAYI PUTHIYAVEETTIL, ADVOCATE, FOR R1. MR.T.P.SAEED, ADVOCATE, FOR R1. MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6775/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF LATEST LEASE DEED DTD. 7.11.09. EXT. P2 : COPY OF JUDGMENT IN W.P.(C) No.1749/10 DTD. 19.1.10. EXT. P3 : COPY OF ORDER No.A4-7081/09 DTD. 17.2.10 PASSED BY R1. EXT. P4 : COPY OF REPRESENTATION DTD. 22.2.10 SUBMITTED TO R1. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF COMPLAINT DTD. 10.11.09 SUBMITTED BY R3 AND R4 BEFORE R1 AND R2. EXT. R3(b) : COPY OF COMPLAINT DTD. 16.11.09 SUBMITTED BY MANAGEMENT OF FEROKE INSTITUTE OF MANAGEMENT STUDIES. EXT. R3(c) : COPY OF RECEIPT ISSUED BY PANCHAYATH DTD. 4.2.10. EXT. R3(d) : COPY OF COMMUNICATION ISSUED BY THE SECRETARY OF PANCHAYATH DTD. 17.4.10. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6775 OF 2010 --------------------------------------- Dated this the 11th day of June, 2010. J U D G M E N T The whole dispute in this writ petition is regarding the business conducted by the petitioners which, according to the Panchayath and the 4th respondent, is by way of a private market for vending fish. The issue has narrowed down to only one question whether the petitioners should be given notice before any action is taken by the Panchayath to close down the market. 2. The petitioners rely upon Exhibit P2 judgment of this Court in W.P.(C) No.1749/2010. The respondents 3 and 4 herein were the petitioners therein. This Court directed the Panchayath to take a decision with regard to the continued functioning of the private market after hearing the 1st petitioner herein also. 3. It is the contention of the learned counsel for the petitioners that before passing Exhibit P3 order, the Panchayath did not issue notice to the petitioners and did not afford an opportunity of hearing to them. Learned counsel for the W.P.(C) No.6775/2010 2 Panchayath submitted that even though a communication was addressed to them, that could not be served. 4. In that view of the matter, it is evident that the directions issued by this Court in Exhibit P2 judgment have not been complied with by the Panchayath while taking a decision as evident from Exhibit P3. Learned counsel appearing for the respondents 3 and 4 submitted that the petitioners cannot be allowed to conduct a private market that too without a licence. These are matters for the Panchayath to consider when the matter is decided afresh with notice to all the parties. For enabling the Panchayath to rehear the matter, Exhibit P3 is quashed. There will be a direction to the 1st respondent to take a decision, after hearing the petitioners and respondents 3 and 4, expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp