Kerala High Court
Aroor Panchayat Merchants Association vs State Of Kerala on 24 May, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.16361/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
WP(C) NO. 16361 OF 2023
PETITIONERS:
1. AROOR PANCHAYAT MERCHANTS ASSOCIATION, AROOR UNIT, REPRESENTED BY
ITS PRESIDENT P.B.PREMLAL, AROOR P.O, CHERTHALA, ALAPPUZHA DIST.,
PIN - 688537.
2. K.K.BALASUBRAMANYAN, AGED 66 YEARS, S/O K.K.KUMARAN, ANIZHAM HOUSE,
AROOR P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688537.
3. AUGUSTIN BRITTO, AGED 68 YEARS, S/O LONANKUTTY K. A.,
CHAKKALAPARAMBIL HOUSE, AROOR P.O, CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688537.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2. THE AROOR GRAMA PANCHAYAT, AROOR P.O, CHERTHALA, ALAPPUZHA,
REPRESENTED BY ITS SECRETARY., PIN - 688534.
3. THE SECRETARY AROOR GRAMA PANCHAYAT, AROOR P.O, CHERTHALA,
ALAPPUZHA, PIN - 688534.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue a direction to the 2nd respondent to renew the licence
of the members of the 1st petitioners association including the
petitioners 2&3 who are signatories to Exhibit P11 resolution, for the
period 2023-24 on the basis of their applications submitted to the 2nd
respondent, receiving the licence fee at the rates mentioned in Exhibit
P4 order of the 2nd respondent provisionally and pending disposal of the
above Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. K.I.ABDUL RASHEED & DEEPA SASIDHARAN, Advocates for the petitioners,
the court passed the following:
WP(C) No.16361/2023 2/3
N. NAGARESH, J.
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W.P.(C) No.16361 of 2023
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Dated this the 24th day of May, 2023
ORDER
Admit. Government Pleader takes notice for the 1 st respondent. Standing Counsel takes notice for respondents 2 and
3.
2. Following Ext.P12 interim order, there will be an interim order in this writ petition also directing respondents 2 and 3 to renew the licence of the members of the 1st petitioner's Association as revealed in Ext.P11 for the period 2023-2024, on the basis of their applications, after receiving the licence fee at the rates mentioned in Ext.P4.
3. This interim order will be provisional and subject to further orders to be passed in this writ petition.
Post along with W.P.(C) No.14723/2023.
Sd/-
N. NAGARESH JUDGE ams WP(C) No.16361/2023 3/3 APPENDIX OF WP(C) 16361/2023 Exhibit-P4 TRUE COPY OF THE ORDER NO. C43472/2018 DATED 3/4/2018 PASSED BY THE 2ND RESPONDENT Exhibit-P11 TRUE COPY OF THE RESOLUTION DATED 29/04/2023 SIGNED BY THE 80 MEMBERS INCLUDING PETITIONERS 2&3 OF THE ASSOCIATION