IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 3870 of 2009(I) ------------------------- PETITIONER(S): --------------- P.C.JOJI, S/O. CHUMMAR PAREKATTIL HOUSE, KUNDOOR PO, THRISSUR. BY ADV. SRI.MATHEW SEBASTIAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER THRISSUR. 2. TAHSILDAR, MUKUNDAPURAM TALUK MUKUNDAPURAM PO, THRISSUR. 3. THE KEEZHOOR GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY KUZHOOR P.O., THRISSUR DISTRICT. ADV. SRI.S.VIDYASAGAR FOR R3 GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 3870/2009 ----------------------------------------------------------------- EXT.P1 PHOTO COPY OF RECEIPT DT. 14-11-2008. EXT.P2 DECISION DT. 13-2-2008. EXT.P3 ACKNOWLEDGMENT DT. 1-9-2008. EXT.P4 LICENCE DT. 27-11-2008. EXT.P5 COVERING LETTER DT. 18-11-2008. EXT.P6 APPLICATION DT. 20-12-2008. EXT.P7 NOTICE DT. 29-1-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 3870 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th March, 2009. J U D G M E N T This writ petition is filed by a person who is running a brick manufacturing unit. The contention raised in the writ petition is that by Ext. P2 resolution, the Panchayat has decided to issue licence to the petitioner, based on which the petitioner has started the business. By Ext. P7 notice, the petitioner has been directed to stop the work since, according to the 3rd respondent, the same is without a licence. 2. Counsel for the petitioner is absent. I have heard counsel for the 3rd respondent. 3. Ext. P2 does not categorically decide to issue licence to the petitioner. On the other hand, what is stated therein is that as and when the petitioner produces no objection certificate from the D.M.O., Pollution Control Board and Fire Force, it has been decided to grant D & O licence to the petitioner. That does not enable the petitioner to start the business. Before licence can be issued, the petitioner has to produce no objection certificates mentioned in the resolution. The petitioner has no case that the same has been produced and licence has been issued. The petitioner cannot, under law, start the business anticipating issue of a licence. The petitioner can start the business only after the licence is issued. In the above circumstances, I do not think that the petitioner can validly challenge Ext. P7 stop memo, which directs him to stop the business which he has started without obtaining a licence. Accordingly, the challenge against Ext. P7 fails and the writ W.P.C. No. 3870/09 -: 2 :- petition is dismissed. However, it would be open to the petitioner to obtain a licence and then start the business. S. Siri Jagan, Judge. Tds/