High Court of KeralaWP(C)/24395/2015disposed of

Pushpa V.K. v. Food Safety Officer, Perambra Circle

2015-10-15Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 24395 of 2015 (Y) --------------------------------------- PETITIONER(S):

----------------------- PUSHPA V.K., AGED 40 YEARS, W/O.LATE MOHANAN, EZHUTHACHAN KANDI, MANJHANIAM P.O., PERAMBRA, KOYILANDY TALUK, KOZHIKODE.

BY ADVS.SRI.SANTHARAM.P SMT.REKHA ARAVIND RESPONDENT(S):

--------------------------

1. FOOD SAFETY OFFICER, PERAMBRA CIRCLE, RIYAS BUILDING, ABOVE STATE BANK OF INDIA, MAIN ROAD, KOYILANDY - 673 305.

2. PERAMBRA PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYATH OFFICE, PERAMBRA, KOZHIKODE - 673 525.

3. THE SECRETARY, PERAMBRA PANCHAYATH, PANCHAYATH OFFICE, PERAMBRA, KOZHIKODE - 673 525.

4. K.K. NAZARUDHEEN, AGED 24 YEARS, S/O.ASSAINAR, A.S.R. COTTAGE, PANAKKAL PARAMBU, PUTHIYANGADI P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673 021.

R1 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN R2 & R3 BY ADV. SRI.P.C.SASIDHARAN R4 BY ADV. SRI.R.BINDU (SASTHAMANGALAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 24395 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING NO. 21312238000045 UNDER FSS ACT 2006 DTD 28/8/2014 ISSUED TO THE 4TH RESPONDENT BY THE IST RESPONDENT.

P2:-TRUE COPY OF THE D AND O LICENSE NO 717/2015-16 DTD 25/6/2015 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

P3:-TRUE COPY OF THE THE REGISTRATION CERTIFICATE BEARING REGISTRATION NO. 2131523800099 DTD 4/7/2015.

P4:-TRUE COPY OF THE NOTICE DTD 18/4/2015 ISSUED BY 3RD RESPONDENT. P5:-TRUE COPY OF THE REPRESENTATION DTD 4/7/2015 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.24395 of 2015 ****************************************************************************** Dated this the 15th day of October, 2015

JUDGMENT

The petitioner approached the first respondent alleging that the fourth respondent fraudulently obtained a registration certificate to run a poultry shop owned by the respondent Panchayath. According to the petitioner, this was originally obtained by the petitioner's husband and on his death, the fourth respondent fraudulently obtained registration from the first respondent. Therefore, this has to be cancelled.

This Court is of the view, the first respondent shall take a decision in the matter after hearing the petitioner and officials of the first respondent as well as the fourth respondent within one month from the date of receipt of a copy of this judgment. It is also open for the Panchayath to take appropriate action for cancelling D & O licence.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln