IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 40585 of 2003(F) -------------------------- PETITIONER: ------------ P.S.ABDUL SALAM, S/O.SAYED MOHAMMED AGED 49 YEARS, PUTHUPARAMBIL HOUSE, R.P.C. P.O., VANDANPATHAM, MUNDAKAYAM. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. SECRETARY, MUNDAKAYAM GRAMA PANCHAYATH, REP. BY THE SECRETARY, MUNDAKAYAM GRAMA PANCHAYATH, KOTTAYAM DISTRICT. 3. JOHNSON C.J., S/O.JOSEPH, CHETTIPARAMBIL HOUSE, KARINILAM P.O., MUNDAKAYAM. 4. MR.SALIMKUTTY, MULAMKUNNU PUTHUPARAMBIL, RPC P.O., VANKKIANI, MUNDAKAYAM. ADV. SRI.JOSY ANTONY FOR R3 SMT.SOUMINI JAMES SRI.LIJI.J.VADAKEDOM for R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 40585 of 2003(F) APPENDIX EXT.P1 TRUE COPY OF CERTIFICATE ISSUED BY THE VETERINARY SURGEON, VETERINARY DISPENSARY, MUNDAKAYAM DATED 29/01/2003 TO THE PETITIONER. EXT.P2 TRUE COPY OF -DO- ISSUED BY MEDICAL OFFICER, ERUMELY DATED 30/01/2003 TO THE PETITIONER. EXT.P3 TRUE COPY OF AUCTION NOTICE DATED 07/07/2003 ISSUED BY 2ND RESPONDENT. EXT.P4 TRUE COPY OF JUDGMENT DATED 23/10/2003 IN WPC.NO.24565 OF 2003 OF THIS HON'BLE COURT. EXT.P5 TRUE COPY OF JUDGMENT DATED 23/102/003 IN O.P NO.39112 OF 2003 OF -DO- EXT.P6 TRUE COY OF APPLICATION DATED 20/11./2003 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF CERTIFICATE DATED 07/11/2003 ISSUED BY VETERINARY SURGEION, MUNDAKAYAM TO THE PETITIONER. EXT.P8 TRUE COPY OF CERTIFICATE DATED 31/10/2003 ISSUED BY HEALTH SUPERVISOR, COMMUNITY HEALTH CENTRE, ERUMELI TO THE PETITIONER. EXT.P9 TRUE COPY OF NOTICE ISSUED BY 2ND RESPONDENT DATED 10/12/2003 EXT.P10 TRUE COPY OF REPRESENTATION DATED 20/12/2003 SENT BY PETITIONER BEFORE THE 1ST RESPONDENT. \\TRUE COPY// PIUS C.KURIAKOSE, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.40585/2003-F ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 7th day of April, 2008 J U D G M E N T Heard both sides. The interim order issued by this Court on 23/12/2003 is in currency even now. At this distance of time, I am of the view that it is not necessary that this Court examine the merits of the various grounds raised against the order of the Panchayat rejecting the petitioner's application for licence. I dispose of the writ petition issuing the following directions:- i. Interim order dated 23/12/2003 will continue till such time as a fresh application submitted by the petitioner for licence is considered and disposed of by the Panchayat. ii. The petitioner will file fresh application for licence at the earliest, and at any rate within one month from today and if such application is filed within the time limit, the Panchayat will consider that application, hear the petitioner and take a correct decision at the earliest. PIUS C.KURIAKOSE, Judge ms