IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 15555 of 2010(T) --------------------------------------- PETITIONER(S): ------------------------ C.Y. JOHNY, S/O.YOHANNAN, K.P.11/936, VIJAYA BAKERY, KOTTARAKKARA, RESIDING AT SANTHOSH BHAVAN, IYPPALLOOR, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, COLLECTORATE, CIVIL STATION, KOLLAM. 3. THE KOTTARAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PULAMON.P.O, KOTTARAKKARA, KOLLAM. 4. MS.SELIN ALEX, W/O.LATE C.K.ALEX, CHARUVILA VEEDU, KIZHAKKETHERUVU, KOTTARAKKARA, KOLLAM. R1 & R2 BY GOVT. PLEADER SMT.N. SUDHADEVI. R3 BY ADV. SRI.C.J.JOY, SC,KOTTARAKKARA G.PANCHAYA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15555/2010-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENCE NO.E4-301/09 DATED 14/07/2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER FOR THE PERIOD UPTO 31/03/2010. EXT.P2: COPY OF THE LICENCE FEE, PROFESSIONAL TAX IN RESPECT OF THE SHOP TO THE 3RD RESPONDENT FOR THE PERIOD 2009-2010. EXT.P3: COPY OF THE RECEIPT NO.7972/2010 DATED 18/05/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER NO.E7-72/2010 DATED 15/05/2010 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE LETTER NO.C3-2488/2010 DATED 25/03/2010 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT FOR TAKING ACTION. EXT.R3(b): COPY OF THE LETTER NO.26268/RC-3/2010 LSGD DATED 30/04/2010 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15555 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2010. JUDGMENT The petitioner has approached this Court challenging Ext.P4 notice issued to the landlord, viz. the 4th respondent herein, wherein the Panchayat informed the 4th respondent that she is conducting a bakery unauthorisedly in the first floor of room Nos.939 and 940 of Ward No.II and it will have to be stopped. Apprehending that the direction is against the running of business in in room No.936 of the same Grama Panchayat, wherein the petitioner is conducting the business and that too by a tenancy arrangement with the landlord, this writ petition has been filed. 2. This Court, by an interim order dated 4.6.2010 recorded that the petitioner is conducting bakery in Door No.KP-11/936 of Kottarakkara Grama Panchayat and that the notice Ext.P4 will not stand in the way of the petitioner conducting business in the above room. 3. The Panchayat has filed a statement. It is mentioned in the statement that the Secretary issued notice to the petitioner calling upon him to stop the unauthorised business being conducted by him in the unauthorised building portion. It is further explained that Ext.P4 has wpc 15555/2010 2 nothing to do with the licensed business and premises. 4. Evidently, Ext.P4 notice is in respect of building Nos.939 and 940 of Ward No.II of Kottarakkara Grama Panchayat, whereas the petitioner is conducting business in room No.936 owned by the 4th respondent. Learned counsel for the petitioner therefore submitted that now that the licence has been renewed pursuant to the interim order passed by this Court, the notice Ext.P4 will not restrict the right of the petitioner from conducting business in the said room No.936. Therefore, the writ petition is disposed of clarifying that Ext.P4 notice is only in respect of the business said to have been conducted in room Nos.939 and 940 of Ward No.II of Kottarakkara Grama Panchayat and will not apply to the business run by the petitioner in room No.936 of the same ward. No costs. (T.R. Ramachandran Nair, Judge.) kav/