IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 24463 of 2009(C) --------------------------------------- PETITIONER: ------------------- ANITHA JAGANNIVASAN, PIDICKAPRAMBIL HOUSE, KEZHUVANKULAM.P.O., PULIYANNUR VILLAGE, KOTTAYAM. BY ADV. MR.N.RAGHURAJ. RESPONDENTS: ------------------------ 1. MUTHOLI GRAMA PANCHAYAT, MUTHOLI.P.O., PALA, KOTTAYAM, REP. BY ITS SECRETARY. 2. THE SECRETARY, MUTHOLI GRAMA PANCHAYAT MUTHOLI .P.O., PALA, KOTTAYAM. 3. HARIKUMAR.T.B.,ATTEDATHU HOUSE, GREEN KERALA PLANTATIONS, MUTHOLI.P.O. PALA, KOTTAYAM. R1 & R2 BY MR.SUNIL CYRIAC, S.C,MUTHOLY GRAMA PANCHAYAT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.24463 OF 2009 -------------------------------------- Dated this the 29th day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner applied for a D&O licence to conduct a toddy shop in a building. That building is the subject matter of W.P.(C) No.20093/2009. The owner of that land and building obtained an order of deemed licence from the Tribunal for LSGIs in W.P.(C) No.20093/2009 and the order was issued on 17.7.2009 that any action taken on the basis of the decision of the Tribunal would be provisional and subject to further orders. That order is Ext.P8 in this Writ Petition. If that were so, the clear intention was that the decision of the Tribunal will be permitted to work on a provisional basis. This does not mean that the consideration of the application for D&O licence should stand deferred. By issuing Ext.P9, the Secretary of the Grama Panchayat has apparently granted an order of stay of further proceedings, notwithstanding, the interim order issued in W.P.(C) No.20093/2009. This is the net effect of Ext.P9. Faced with this situation, there can be lot of criticism against the W.P.(C) No.24463/2009 2 Secretary; could be of inability; could be of having tried to overreach this Court tantamounting to contempt; could be of dereliction of duty. The learned counsel for the Panchayat, therefore, very rightly, states that Ext.P9 would be withdrawn and the application for D&O licence would be considered and ordered provisionally, in accordance with law. That order will also be subject to the final outcome of W.P.(C) No.20093/2009. This Writ petition is so ordered without prejudice to the contentions of the parties in W.P.(C) No.20093/2009. Let the Secretary issue orders, within a period of two weeks from the date of receipt of a copy of this judgment. The Writ Petition is ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps