IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 8241 of 2011(E) ----------------------------------------- PETITIONER(S): ------------------------ NASFAR P.K.,S/O.KUNHAMMED, AGED 31 YEARS,VALAYAM, NADAPURAM,KOZHIKODE. BY ADVS.SRI.A.MOHAMED MUSTAQUE, SRI.U.P.BALAKRISHNAN. RESPONDENT(S): --------------------------- 1. THE SECRETARY, NADAPURAM GRAMA PANCHAYAT NADAPURAM,PIN-673 504. 2. NADAPURAM GRAMA PANCHAYAT, REPRESTENED BY SECRETARY,NADAPURAM-673 504. 3. KALLUVALAPPIL KUNHABDULLA HAJI, NEAR NADAPURAM TELEPHONE EXCHANGE, NADAPURAM-673 504, KOZHIKODE. R1 & R2 BY ADVS.SRI.C.VATHSALAN, SRI.K.RAKESH ROSHAN, SMT.THUSHARA.V. R3 BY ADV. SRI.ZUBAIR PULIKKOOL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8241/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DTD. 13/08/2010. P2: COPY OF THE BUILDING PERMIT ISSUED BY 1ST RESPONDENT DTD. 21/04/2010. P3: COPY OF THE CONSENT ISSUED BY POLLUTION CONTROL BOARD DTD. 6/12/2010. P4: COPY OF THE REPORT OF EFFLUENT TREATMENT PREPARED BY V.RAMMOHAN. P5: COPY OF THE ACKNOWLEDGMENT DTD. 14/12/2010. P6: COPY OF THE COMPLAINT SUBMITTED BY 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R1(A):COPY OF THE COMPLAINT BY M Y M MUSLIM ORPHANAGE. R1(B): COPY OF THE DECISION DTD. 8/2/2011 BY PANCHAYATH COMMITTEE. /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.8241 of 2011 ---------------------------- Dated 29th June, 2011 JUDGMENT The petitioner applied for licence to start a service station within the limits of the second respondent Panchayat. This writ petition has been filed challenging Ext.P6 and seeking for issuance of a writ of mandamus commanding the respondents to grant licence to the petitioner to conduct service station. A counter affidavit has been filed in this writ petition by respondents 1 and 2. Along with the counter affidavit the respondents have produced Ext.R1(b) which is the decision taken on 8.2.2011 on the said application submitted by the petitioner. Obviously, the application for the aforesaid purpose was rejected. The learned counsel for the petitioner, in the said circumstances, submits that the respondents may be directed to communicate a copy of the order so as to enable the petitioner to avail the statutory remedy available to challenge the said decision in Ext.R1(b). In the said circumstances, this writ petition is disposed of with a direction to the second respondent to communicate a copy of the decision in Ext.R1(b) in accordance with law to the petitioner, if not already communicated. This shall be done within a period of one week from the date of receipt of a copy of this judgment. Needless to WP(C).No.8241/2011 2 say that on receipt of the order on his application for licence to start service station it will be open to the petitioner to pursue the remedy in accordance with law. Sd/- C.T.RAVIKUMAR Judge TKS