Kerala High Court
WP(C)/41302/2016 of HEMANTH KUMAR Vs AVINISSERY VILLAGE PANCHAYAT on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C). NO.41302 OF 2016 (K) ------------- PETITIONER(S): ------------- 1. HEMANTH KUMAR, S/O.DAMODARAN, AGED 45, THAYYIL PALISSERY VILLAGE, PALACKAL DESOM,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
WP(C). NO.41302 OF 2016 (K)
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PETITIONER(S):-------------
1. HEMANTH KUMAR, S/O.DAMODARAN, AGED 45, THAYYIL PALISSERY VILLAGE, PALACKAL DESOM, THRISUR TALUK AND DISTRICT 680 027.
2. SOUMI, W/O.HEMANTH KUMAR, AGED 43,
THAYYIL PALISSERY VILLAGE, PALACKAL DESOM, THRISUR TALUK AND DISTRICT 680 027.
BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN
SRI.S.SIDHARDHAN SMT.R.UDAYA JYOTHI SRI.M.M.VINOD SMT.M.SUSEELA
RESPONDENT(S):
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1. AVINISSERY VILLAGE PANCHAYAT,
AVINISSERY PO, THRISSUR-680306,
REP. BY ITS SECRETARY.
2. THE SECRETARY, AVINISSERY VILLAGE PANCHAYATHAVINISSERY PO, THRISSUR DISTRICT-680306.
BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ
THIS WRIT PETITION(CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).41302/2016 (K)
APPENDIX
PETITIONER(S)' EXHIBITS:
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P1:COPY OF THE SALE DEED BEARING NO.468/1/2014 ON THE FILE OF THES.R.O. CHERP.S.R.O. CHERP.
P2:COPY OF THE TAX RECEIPT DATED 23.8.2016 ISSUED FROM THEPALISSERY VILLAGE.PALISSERY VILLAGE.
P3:COPY OF THE BUILDING TAX RECEIPT DATED 9.5.2016 TOGETHER WITHOLD TAX RECEIPT IN THE NAME OF TRANSFERORS DATED 28.1.2016ISSUED BY THE 2ND RESPONDENT.OLD TAX RECEIPT IN THE NAME OF TRANSFERORS DATED 28.1.2016ISSUED BY THE 2ND RESPONDENT.
P4:COPY OF THE NOTICE DATED 27.7.2015 ISSUED BY THE TAHSILDAR,THRISSUR.THRISSUR.
P5:COPY OF THE ORDER WITH NOTICE NO.A-6/4168/2016 DATED 17.9.2016OF THE 2ND RESPONDENT.OF THE 2ND RESPONDENT.
P6:COPY OF THE NOTICE DATED 26.10.2016 OF THE 2ND RESPONDENT.
P7:COPY OF THE 2ND RESPONDENT'S ORDER WITH NOTICE NO.A6/3191/2016DATED 17.12.2016.DATED 17.12.2016.
RESPONDENT(S)' EXHIBITS:-NIL
KRJ
/TRUE COPY/
P.A. TO JUDGE
DEVAN RAMACHANDRAN, J
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.41302 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2016
JUDGMENT
The petitioner is impugning Exhibits P6 and P7 orders, as perwhich, he was asked to stop functioning of his furniture retail shopon the allegation that the building in which he is operating, hasbeen constructed in violation of the building rules. Exhibit P7 orderrefers to an order of the Panchayat numbered as 'A6-3191/16' dated20.06.2016 which appears to be an order rejecting his applicationfor a licence under D&O Rules. The petitioner further alleges that hehas not been served with a copy of the said order until now.
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2. I heard the learned counsel for the petitioner and thelearned standing counsel appearing for the respondents.
3. On account of the specific contention of the petitioner thathe has not yet received the copy of the order No.A6-3191/16 dated20.06.2016, which is stated to have been issued by the Panchayatrejecting his D&O application, which order is an appealable oneunder the provisions of the statute, I am of the view that directionscan be issued to the Panchayat to afford the petitioner a copy of thesame so as to enable him to file appeal against it.
WP(C).41302/16
4. For this limited purpose, I deem it appropriate to stay allfurther proceedings pursuant to Exhibits P6 and P7 for such periodas will be stated below.
5. In the circumstances of the case, I direct the secondrespondent, Secretary of the Panchayat, to serve upon thepetitioner a copy of order No.A6-3191/16 dated 20.06.2016, asexpeditiously as possible, and not later than two weeks from thedate of receipt of a copy of this judgment. On receipt of the suchorder, the petitioner may, if he so advised, file necessary appealbefore the competent forum. To enable him to file the appeal andobtain appropriate orders in such appeal, all proceedings pursuantto Exhibits P6 and P7 would stand deferred and this order willoperate till seven days from the date the petitioner receives a copyof the order from the second respondent.
No further orders. Writ petition is disposed of as above.
krj.31/12
Sd/-Devan Ramachandran, Judge
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