IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 OP(C).No. 3228 of 2011(O) -------------------------------------- O.S.NO.182/2011 OF MUNSIFF'S COURT, PERUMBAVOOR --------------------------------- PETITIONER/PETITIONER ----------------------------------------- K.JAFAR KHAN, AGED 47, S/O.OUKKAR HAJI, RESIDING AT KARUVALIL HOUSE, VENGOLA P.O., PERUMANI, PERUMBAVOOR, ERNAKULAM-683 554. BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE ADV.SRI.PRAVEEN.K.JOY SRI.ADEEP ANWAR RESPONDENT(S)/ RESPONDENTS -------------------------------------------------- DINUPAUL, AGED 33 YEARS, S/O.PAULOSE, KANDANADAN HOUSE, VENGOLA KARA, ARACKAPPADU VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.PIN-682 826 BY THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.3228/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 12/05/2011 IN APPEAL NO.107/2011 ON THE FILES OF TRIBUNAL FOR LOCAL SELF GOVT.INSTITUTION, TRIVANDRUM. P2 COPY OF THE PLAINT IN O.S.NO.182/2011 BEFORE THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. P3 COPY OF THE INTERLOCUTORY APPLICATION I.A.NO.1383/2011 IN O.S.NO.182/2011 OF MUNSIFF'S COURT, PERUMBAVOOR. P4 COPY OF THE OBJECTIONS IN I.A.NO.1383/2011 IN O.S.NO.182/2011 OF MUNSIFF'S COURT, PERUMBAVOOR. P5 COPY OF THE ORDER DATED 06/09/2011 IN I.A.NO.1383/2011 IN O.S.NO.182/2011 OF MUNSIFF'S COURT, PERUMBAVOOR. P6 COPY OF THE PETITION FOR REVIEW AS I.A.NO.1911/2011 IN O.S.NO.182/2011 OF MUNSIFF'S COURT, PERUMBAVOOR. P7 COPY OF THE I.A.NO.1912/2011 IN O.S.NO.182/2011 BEFORE MUNSIFF'S COURT, PERUMBAVOOR. P8 COPY OF THE I.A.NO.1910/2011 IN O.S.NO.182/2011 BEFORE MUNSIFF'S COURT, PERUMBAVOOR. P9 COPY OF THE JUDGMENT IN WP(C)NO.9192/2011 OF THIS HONOURABLE COURT. P10 COPY OF THE PROCEEDINGS IN I.A.NO.1909/2011 IN O.S.NO.182/2011 ON THE FILES OF MUNSIFF'S COURT, PERUMBAVOOR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3228 of 2011 -------------------------------------- Dated this the 14th day of November, 2011. JUDGMENT This Original Petition is in challenge of Ext.P5, order whereby learned Munsiff, Perumbavoor restrained petitioner from functioning plywood/veneer manufacturing unit in plaint B schedule property without obtaining licence from the Grama Panchayat concerned, until disposal of the suit. Learned Munsiff also made it clear that the order will not stand in the way of the Panchayat considering the application for licence preferred by the petitioner. 2. The dispute concerned plywood/veneer manufacturing unit which was being run by petitioner. Learned Munsiff took the view that petitioner has not obtained licence from the local authority to run the unit and hence petitioner is not entitled to run the unit except after obtaining permission as above stated. 3. Learned Senior Advocate appearing for petitioner contended that learned Munsiff failed to take note Sec.236(3) of the Kerala Panchayat Raj Act which dealt with deemed licence when the local authority failed to pass orders within the time specified therein on the application preferred by the petitioner for grant of licence. According to the learned Senior Advocate there is deemed licence in favour of petitioner and hence petitioner is entitled to run the unit. Petitioner filed Ext.P6, application for review of Ext.P5, order and Ext.P10, application for stay. It is contended that though initially learned Munsiff granted OP(C)No.3228/2011 2 stay, ultimately the application for stay was dismissed. Learned Senior Advocate placed reliance on the decision in Rajesh Ramachandran v. Corporation of Trivandrum - 2008 () KLT 419 (which related to corresponding provision under Section 447(6) of the Kerala Municipality Act) to contend that petitioner is entitled to continue the manufacturing unit as if there is licence granted in his favour. Learned Senior Advocate contended that the application for review (I.A.No.1911 of 2011) is posted on 18.11.2011. 4. Since I.A.No.1911 of 2011 (for review of Ext.P5, order) is pending before the learned Munsiff it is not appropriate for me to express any opinion as to the contentions raised. Learned Munsiff shall consider the plea and dispose of I.A.No.1911 of 2011 as provided under law. Since presently there is no stay of Ext.P5, order in force, learned Munsiff is directed to consider and dispose of I.A.No.1911 of 2011 as early as possible after completing the preliminary steps. With the above direction, this petition is disposed of. THOMAS P.JOSEPH, Judge. cks