IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 34345 of 2004(L) --------------------------------- PETITIONER(S): ------------------- VICHITHRAN, S/O. KRISHNAN, MEDAPARAMBATH HOUSE, PUTHIYAPPA, P.O. PUTHIYANGADI, KOZHIKODE DISTRICT. BY ADVS. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): -------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT (J) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PERAMBRA GRAMA PANCHAYATH, P.O. PERAMBRA-673 525, KOZHIKODE, REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI. V. VIJULAL R2 BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 34345/2004 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENSE DATED 27/09/2002 ISSUED BY THE RESPONDENT TO THE PETITIONER. P2: COPY OF THE ORDER DATED 18/03/2004 PASSED BY THE 2ND RESPONDENT. P3: COPY CO THE DECISION TAKEN BY THE 1ST RESPONDENT IN THE MEETING HELD ON 15/03/2004. P4: COPY OF THE JUDGMENT DATED 05/05/2004 FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. P5: COPY OF THE APPEAL DATED 05/05/2004 FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. P6: COPY OF THE NOTICE DATED 28/06/2004 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. P7: COPY OF THE NOTICE DATED 14/07/2004 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. P8: COPY OF THE TELEGRAM ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER DATED 20/07/2004. P9: COPY OF THE NOTICE DATED 09/09/2004 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. P10: COPY OF THE ORDER DATED 05/11/2004 PASSED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 34345 of 2004 - - - - - - - - - - - - - - - - Dated this the 22nd day of November, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: 1. Call for the records leading to Ext.P10 and quash the same by the issue of writ of certiorari. 2. Issue a writ of mandamus directing the 1st respondent to reconsider Ext.P5 appeal with notice to the petitioner and after hearing the petitioner or his representative. 3. Issue a writ of mandamus directing the 2nd respondent to permit the petitioner to continue the business permitted as per Ext.P1 and renewed upto 31.03.2004 from 01.04.2004 also, till the 1st respondent re-hears Ext.P5 appeal and thereafter for a further period of three weeks so as to enable the petitioner to seek out his remedies, if the order to be passed by the 1st respondent were to be against the petitioner. 2. By interim order passed by this Court on 26.11.2004, the petitioner was allowed to conduct the fish stall. In the mean time, seven years have been elapsed. Since the petitioner is allowed to continue the business, the interim order is made absolute. The learned counsel for the 2nd respondent submits that the 2nd respondent has no objection in the petitioner continuing the business in the same place. Submission is recorded. Accordingly, this writ petition is closed. sd/- B.P. RAY, JUDGE. rv B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT