C.L. Anny v. Nenmanikkara Grama Panchayat (Special Grade)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WP(C).No. 25747 of 2012 (P) -------------------------------------- PETITIONER:
-------------------------- C.L. ANNY, AGED 64 YEARS, PROPRIETOR VELAMKANNY CLAY WORKS, MADAVAKKARA P.O., CHITTYSSERY, NENMANIKKARA, THRISSUR.
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.SEBINE THOMAS SMT.J.KASTHURI SRI.P.E.SAJAL RESPONDENTS:
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1. NENMANIKKARA GRAMA PANCHAYAT (SPECIAL GRADE), REPRESENTED BY ITS SECRETARY, CHITTYSSERY P.O., THRISSUR 680 301.
2. SECRETARY, NENMANIKKARA GRAMA PANCHAYAT (SPECIAL GRADE), CHITTYSSERY P.O THRISSUR 680 301.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25747 of 2012 (P) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
EXHIBIT P-1:
THE TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO. 2149/2011 IN THE FILES OF MUNSIFF COURT, IRINGALAKKUDA.
EXHIBIT P-2:
THE TRUE PHOTOCOPY OF THE WRITTEN STAEMENT FIILED IN O.S.NO. 2149/2011 IN THE FILES OF MUNSIFF COURT, IRINGALAKKUDA.
EXHIBIT P-3:
THE TRUE PHOTOCOPY OF THE APPLICATION DATED 30.11.2011 SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P-4:
THE TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 24.12.2011.
EXHIBIT P-5:
THE TRUE PHOTOCOPY OF THE APPLICATION FOR LICENSE DATED 27.2.2012 SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P-5 (a): THE TRUE PHOTOCOPY OF RECEIPT DATED 8.3.2012. EXHIBIT P-6:
THE TRUE PHOTOCOPY OF THE DEMAND DRAFT DATED 15.3.2012. EXHIBIT P-7:
THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.3.2012 EXHIBIT P-7 (a): TRUE COPY OF POSTAL RECEIPT DATED 8.3.2012. RESPONDENT(S)' EXHIBITS:
NIL TRUE COPY P.A. TO JUDGE AK
ANIL K. NARENDRAN, J =================== W.P.(C).No. 25747 of 2012 =================== Dated this the 19th day of October, 2015
JUDGMENT
The petitioner is the Proprietor of a unit manufacturing Flooring tiles, functioning on the strength of the license granted by the 1st respondent Nenmanikkara Grama Panchayat. For renewing the license, the petitioner submitted Exhibit P5 application. The said application was not considered and it was in such circumstances, the petitioner has approached this Court in this writ petition, seeking a writ of mandamus commanding the 2nd respondent to renew license for the year 2012-2013 by considering Exhibit P5 application.
On 2.11.2012 this Court issued urgent notice on admission by speed post to the respondents returnable in 2 weeks. Service of notice on the respondents is yet to complete. The relief sought for in this writ petition is for renewal of the license for the year 2012-13, based on Exhibit P5 application submitted before the respondent Panchayat. Since the period for which renewal was
W.P.(C).No. 25747 of 2012 -2sought for had already expired, no relief can be granted. In such circumstances, the writ petition fails and the same is dismissed. However, the contentions raised by the petitioner are left open. Sd/- ANIL K. NARENDRAN, JUDGE.
//True copy// P.A. to Judge AK