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2025 Supreme(Online)(KER) 10671
HIGH COURT OF KERALA
S.MANU, J
Laly Christy – Appellant
Versus
Mundakayam Grama Panchayat – Respondent
WP(C) 16922/2025
The court mandates consideration of representations regarding the operation of a canteen pending decision.
Headnote:
This judgment addresses the legality of a notice issued by the Mundakayam Grama Panchayat directing the cessation of operations of a canteen run by a Women's Society. The petitioner contends that the canteen has been operational for an extended period and has submitted a representation to the Panchayat. The court directs the Secretary of the Panchayat to consider the representation and make a decision within two weeks, allowing the canteen to continue operations in the interim.
| Table of Content |
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| 1. petitioner challenges notice to cease canteen operations. - What are the grounds for the petitioner's challenge to the notice? (Para 1 , 2 , 3 , 4) |
| 2. court directs panchayat to consider representation. - What procedural steps must the Panchayat follow? (Para 5) |
| 3. writ petition disposed with directions. - What is the outcome of the writ petition? (Para 6) |
JUDGMENT
The petitioner impugns Ext.P4 notice issued by Mundakayam Grama Panchayat. By Ext.P4, the Panchayat has directed the petitioner to stop the functioning of the canteen run by a Women’s Society of which the petitioner is the President.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent – Panchayat.
3. The learned Standing Counsel for the Panchayat submits that the canteen was permitted to be run by a group of persons, and all other members of the group have represented to the Panchayat to stop the activity. She also submitted that the period of agreement was over by 31.03.2025.
4. The learned counsel for the petitioner, on the other hand, submits that the canteen was being run for a long period, and the petitioner submitted Ext.P5 representation to the Secretary of the Panchayat.
5. Taking note of the aforesaid submissions, this Writ Petition is disposed of, directing the Secretary of the Mundakayam Grama Panchayat to consider Ext.P5 representation, hear the petitioner and the persons who have submitted the representation to the Panchayat, and take a decision on the representations within a period of two weeks.
6. Needless to say, till a decision is taken, the petitioner shall be permitted to continue the canteen. All other contentions are left open.
This Writ Petition is disposed of as above.
Sd/-
S.MANU JUDGE akv APPENDIX OF WP(C) 16922/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LICENCE DATED
17.07.2024, VALID UP TO 31.03.2025, ISSUED BY THE RESPONDENTS EXHIBIT P2 A TRUE COPY OF THE ACKNOWEDGEMENT RECEIPT RECIVED WHILE FILLING APPLICATION FOR RENEWAL LICENSE DATED
18.03.2025 EXHIBIT P3 A TRUE COPY OF RENEWAL OF THE RENTAL AGREEMENT ON 24.03.2025 EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED
21.04.2023 DIRECTED THE PETITIONER TO SHUT DOWN THE CANTEEN OPERATIONS EXHIBIT P5 . A TRUE COPY OF THE REPLY DATED
21.04.2025 FOR THE EXHIBIT P4 NOTICE EXHIBIT P6 A TRUE COPY OF THE RECIPIT DATED
22.04.2025 EVIDENCING SUBMISSION OF EXHIBIT P5 EXHIBIT P7 A TRUE COPY OF THE RECEIPT DATED
25.03.2025 FOR PAYMENT OF RENT FOR THE MONTH OF MARCH 2025
