IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31070 of 2011(G) ------------------------------------------ PETITIONER(S): ----------------------- T.ABDULRAHIMAN, THOTTATHIL HOUSE, KOTTAYAM POYIL P.O. 670 691,KANNUR BY ADV. SRI.P.BHASKARAN RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, CIVIL STATION,KANNUR 2. TAHSILDAR,THALASSERY, KANNUR DISTRICT 3. VILLAGE OFFICER, KOOTHUPARAMBU, KANNUR DISTRICT 4. THE SECRETARY,KOOTHUPARAMBA MUNICIPALITY KOOTHUPARAMBU,KANNUR DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI.MUHAMMED SHAFI .M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30170/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:-COPY OF THE PROCEEDINGS DATED 14.1.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P2:- COPY OF THE RECEIPT EVIDENCING PAYMENT OF PRESCRIBED FEE TOWARDS THE LEASE ISSUED TO THE PETITIONER. EXT.P3:- COPY OF THE MEDICAL CERTIFICATE THAT ESTABLISHES THE PHYSICAL DISABILITY OF THE PETITIONER DATED 10.6.2003. EXT.P4:- COPY OF THE APPLICATION DATED 8.8.2011 SUBMITTED BEFORE THE 4TH RESPONDENT SEEKING PERMISSION TO CONSTRUCT A MAKESHIFT TEA STALL. EXT.P5:-COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 12.8.2011 ISSUED TO THE PETITIONER. EXT.P6:- COPY OF THE RECEIPT NO.77755 EVIDENCING PAYMENT OF FEE TO THE 4TH RESPONDENT. EXT.P 7 & 8:- COPY OF THE REPORTS REPORTED IN THE NEWS MEDIA. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No.31070 of 2011 --------------------------------------- Dated this the 25th day of November 2011. JUDGMENT The writ petition is filed for a direction directing the 4th respondent to issue necessary permit to the petitioner for the construction of the tea stall and to consider Ext.P4 and pass orders thereon and for other incidental reliefs. 2. The petitioner is a physically challenged and differently abled person. The petitioner submitted application before the first respondent District Collector requesting to allot some revenue land for setting up a tea stall. The first respondent by Ext.P1 proceedings dated 14.1.2011 allowed 8 square meters of revenue land in resurvey No. 75/7 E-1 at Naravoor Desom, Koothupramba Amsom by way of a lease. 8 square meter of land was leased to the petitioner for making a temporary makeshift teas stall for dispensing tea, snacks and other like items. It is pointed out that the petitioner has remitted the lease fee of Rs. 10,800/- as evidenced by Ext.P2 receipt dated 9.2.2011. Petitioner submits that running small tea stall is the only job the petitioner is W.P.C. 31070/2011 2 capable of doing for earning the bare livelihood for the petitioner and his family. Ext.P3 is the copy of the medical certificate certifying the physical disability of the petitioner. 3. Petitioner approached 4th respondent , Secretary of Koothuparamba Municipality to issue permit for construction of a tea bunk in the 8 square meter of land taken on lease by Ext.P1. Copy of the application is marked as Ext.P4. Petitioner submits that 4th respondent on receipt of Ext.P4 application directed the petitioner to remit the requisite fee for licence. Petitioner remitted the licence fee. The copy of the receipt evidencing payment is marked as Ext.P6. 4. The grievance of the petitioner is that though Ext.P4 application is pending consideration before the 4th respondent dated 8.8.2011 onwards and that the delay in issuing permit is causing severe hardship to the petitioner. 5. When the matter was taken up for consideration today in the admission list, learned counsel for the petitioner requests this court to direct the 4th respondent to consider Ext.P4 application and pass appropriate orders. Since the petitioner limits his relief for disposal of Ext.P4 application within a time W.P.C. 31070/2011 3 frame, this Court is of the view that the writ petition can be disposed of without issuing notice to the respondents. 6. The writ petition is disposed of directing the 4th respondent to consider and pass appropriate orders on Ext.P4 application within a period of two weeks from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al