T J CHACKO Vs. SECRETARY KURAVILANGADU GRAMA PANCH

JUDGEMENT

(1.) The writ petitioner is the appellant before this Court. The writ petition was filed challenging Ext.P3 order issued by the respondent Grama Panchayat, whereby Ext.P2 licence issued to the appellant to conduct the business of storing Hides and selling the same has been cancelled. The case put forward in the writ petition was that such an order was issued without giving an opportunity of hearing to the petitioner and also contrary to the mandate as provided under Section 233A of the Kerala Panchayat Raj Act, 1994.

(2.) After hearing the parties, the learned Single Judge observed that the factual position could not be successfully controverted with reference to any legally acceptable evidence. So also was it observed, that the appellant had no case that he had obtained the requisite consent from the Kerala State Pollution Control Board to run a tannery or to store, clean and sell Hides. However, we do not consider it necessary to go into any such factual disputes in so far as Ext.P2 licence admittedly had validity only till 31.3.2010.

(3.) In the above circumstances,we do not propose to go into the merits of the case and the writ appeal is disposed of making it clear that the verdict passed by the learned Single Judge will not stand in the way of the appellant/petitioner in applying for a fresh licence after satisfying all the requisite norms and of course obtaining all the requisite clearance from the appropriate authorities.