IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 35425 of 2010(C) -------------------------- PETITIONER(S): --------------- C.ABDUL LATHIF, AGED 46 YEARS, S/O.KUNJAHAMED, CHALUMMATIL HOUSE, MURINGOOR P.O., KOTTAMURI, TRISSUR DISTRICT. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.BHAMA G. NAIR SRI.N.M.SIYAD RESPONDENT(S): --------------- 1. KORATTY GRAMA PANCHAYATH, KORATTY, TRICHUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-680 308. 2. THE SECRETARY, KORATTY GRAMA PANCHAYATH, KORATTY, THRISSUR DISTRICT, PIN-680 308. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35425 OF 2010 -------------------------- Dated this the 26th day of November, 2010 J U D G M E N T The petitioner who is conducting a business in scrap materials within the local limits of Koratty Grama Panchayat has filed this writ petition for an order restraining respondents from interfering with the business being carried on by him in building bearing door No.1/341 of Koratty Grama Panchayat. The petitioner has also prayed for a declaration that he is entitled to conduct business in scrap materials without obtaining a licence from the second respondent. 2. The pleadings disclose that by Ext.P3 notice dated 10.11.2010, which was issued pursuant to an earlier notice dated 21.5.2010, the petitioner was directed not to run the business without a licence. The petitioner has thereupon submitted Ext.P4 representation dated 22.11.2010 before the second respondent wherein he has stated that when the business was started he had obtained a licence, that the said licence was valid till 31.3.2009 and thereafter, due to inadvertence he did not apply for renewal of the licence. It is stated that though he had tendered an application in June, 2010, it was not received by the office of the Panchayat and WPC No.35425/2010 2 that he has submitted an application dated 13.11.2010 for renewal of the licence. In Ext.P4, the petitioner has also prayed for the issuance of a licence and to keep Ext.P3 in abeyance till orders are passed on the application for licence. Ext.P4 also states that apart from seeking renewal of the old licence, a fresh application has also been submitted for the issuance of a licence. A copy of the fresh application for licence is Ext.P6. 3. I heard Sri. K.I.Abdul Rasheed, learned counsel for the petitioner. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the respondents. From the pleadings and the materials placed on record, it is evident that the petitioner is being proceeded against for doing business without obtaining a licence from the local authority. Ext.P4 representation submitted by the petitioner upon receipt of Ext.P3 notice discloses that the petitioner has apart from applying for renewal of the licence which was earlier issued to him in the year 2006, submitted Ext.P6 application for a fresh licence. Ext.P1 discloses that the petitioner was in possession of a licence when he commenced the business in the year 2006. In such circumstances, I am of the opinion that the second respondent should consider the request made by the WPC No.35425/2010 3 petitioner in Ext.P4 and take a decision on the petitioner's application for renewal of the licence or on Ext.P6 in accordance with law. I accordingly dispose of the writ petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P4 and take a decision on the application submitted by the petitioner for renewal of the licence or/and Ext.P6 application for fresh licence in accordance with law expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment or the second respondent otherwise receives a certified copy of this said judgment. Till such time, the status quo as on today shall be maintained. Registry is directed to communicate a copy of this judgment to the second respondent. P.N.RAVINDRAN, (JUDGE) vps WPC No.35425/2010 4 WPC No.35425/2010 5