MULAMTHURUTHY GRAMA PANCHAYAT COUNCIL Vs. SATHEESH K.K.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.06.2015 in W.P.(C) No. 14945 of 2015, by which the writ court allowed the writ petition quashing Ext.P9 holding that the writ petitioner/first respondent is entitled to the relief sought for by him. Challenging Ext.P9 receipt that an amount of Rs.3000/- imposed as fine from the first respondent on the ground that he sold stale food products and that his shop was unclean is erroneous, the aforesaid writ petition has been filed.

(2.) Facts deduced from the material on record are that the first respondent/writ petitioner is conducting an Ice Cream Palour, in the name of 'Appu's Ice Cream Parlour' at Pallithazham, within the limits of the appellant Panchayat. The grievance voiced by the writ petitioner is that eventhough the 5th respondent accepted the licence application, he did not allow him to remit the licence fee and he delayed consideration of the application. Thereafter, he applied for D & O licence for the year 2015-2016. During the pendency of his application, he was issued with Ext.P8 notice stating that he has no licence from the Panchayat and Ext.P9 imposing a fine of Rs.3000/-. Aggrieved by the same, he has filed the writ petition seeking the following reliefs:

(3.) Today, when the matter is taken up for consideration, Mr. S. Sreekumar, learned Senior counsel for the appellant Panchayat, submitted that the fine amount has been collected. Imposition of fine is for the alleged irregularity namely sale of stale products in the ice cream parlour, and for running the shop without licence. Room was also stated to be not hygienic.