IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 4761 of 2008(P) ------------------------- PETITIONER: ------------ P.P. KUNHIMOOSA, PUTHENPURAYIL HOUSE, BUILDING NO.M.P.XI/330 SOORYA COFFE WORKS,MEENANGADI P.O.,SULTHAN BATHERY WAYANAD DISTRICT. BY ADV. SMT.I.SHEELA DEVI RESPONDENTS: ------------- MEENANGADI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MEENANGADI P.O., SULTHAN BATHERY, WAYANAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.4761 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT In this writ petition under Article 226 , petitioner who is conducting the business of flour mill/coffee powder shop in a rented building challenges Ext.P5 notice issued to him by the Secretary of the respondent Panchayat. Under Ext.P5 it is stated that the petitioner has not taken out a trade licence for conducting the business of flour mill for the year 2007-2008. It is also stated that the condition of the building in which the mill is being conducted by the petitioner is dilapidated and the petitioner is called upon to produce the fitness certificate from an Engineer of a Public Work Department regarding the building and pending production of such fitness certificate, petitioner was directed to stop the functioning of the mill. To Ext.P5 petitioner has submitted Ext.P8 reply before the respondent. It is contended in Ext.P8 that Ext.P5 is the result of the pressure exerted by the landlord of the building who is desirous of evicting the petitioner other than through due process of law. According to the petitioner, he has already submitted application for renewal of WPC.No.4761/08 2 licence and the same is pending. petitioner is also ready to convince the Secretary of the Panchayat that the condition of the building is not so deplorable as alleged in Ext.P5. 2. Having considered the averments in the writ petition, I am of the view that in the nature of the order which is being passed hereunder, writ petition can be disposed of issuing the following directions: The petitioner is directed to produce before the respondent fitness certificate issued by any Civil Engineer presently working in Government or quasi Government service certifying as to the fitness of the building wherein petitioner is conducting business ( which is the subject mater of Ext.P5) in the name and style of Surya Coffee Works. Certificate as directed above shall be produced by the petitioner within three weeks from today. If the petitioner produces the certificate within the time frame, the respondent will take up the petitioner's application for renewal of licence and consider that application in the light of the certificate produced by the petitioner and pass orders on the same without insisting on production of any consent letter from the landlord. Since the counsel for the petitioner asserts that the Panchayat has not yet enforced Ext.P5, the petitioner is permitted to carry WPC.No.4761/08 3 on business for one more month at his own risk as to any consequence which may ensue on account of the condition of the building. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.4761/08 4