SWAPNA JESTUS Vs. PULPALLY GRAMA PANCHAYAT

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner seeking the following reliefs:

(2.) A statement has been filed on behalf of the 1st respondent Secretary of the Panchayat. It is stated that the building bearing No. PP/IV/446 that is occupied by the petitioner, is owned by one Sri Thomas Mappanadiyil. The petitioner has submitted Ext. P-3 application dated 9-3-2012 for renewal of the licence on 9-4-2012. Since the petitioner's licence has already expired, she has to apply for a fresh licence, producing the consent of the owner of the building. It is also submitted that as per provisions of the Kerala Panchayat Raj Act (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules, 1996 (Kerala) (hereinafter referred to as the Rules for short), the petitioner has to submit an application for renewal of licence 30. days prior to the commencement of the relevant financial year. In the present case, an application for renewal was submitted only on 9-4-2012. For the above reason, the petitioner's application can be treated only as one for the issue of a fresh licence. Therefore, consent of the owner of the premises is necessary.

(3.) According to the Counsel for the petitioner there is no necessity of producing a consent of the owner. Such consent has already been produced before issuing Ext P-1. Since the petitioner has sought for renewal of her earlier licence, production of a fresh consent is not necessary and such conditions are being insisted upon only to harass the petitioner.