IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 20^th DAY OF JUNE 2024 / 30TH JYAISHTA, 1946 WP(C) NO. 841 OF 2024 PETITIONER:

MANIKANDAN E.S, AGED 46 YEARS, EDAKKATTU VALAPPIL HOUSE, KUTTUR, THRISSUR, PIN – 680 013 BY ADVS.

V.S.ANU MON SHINTO KURIAKOSE MANU KURIAN(K/00000081/2023)

RESPONDENTS:

STATE OF KERALA, REPRESENTED BY SECRETARY, INDUSTRIES AND COMMERCE

1 DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, 2 AYYANTHOLE P.O, THRISSUR, PIN – 680 003 KOLAZHY GRAMA PANCHAYATH, 3 MULAMKUNNATHKAVU P.O, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 680 581 THE SECRETARY, KOLAZHY GRAMA PANCHAYATH, 4 MULAMKUNNATHKAVU P.O, THRISSUR DISTRICT, PIN – 680 581 BY ADV.

SANTHOSH P.PODUVAL (R3 & R4)

PREETHA K.K (GOVERNMENT PLEADER)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J.

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W.P(C) No.841 of 2024 ..........................................................…

Dated this the 20^th day of June 2024

JUDGMENT

The petitioner stated to be the proprietor of a chicken centre, started a business based on the self-certification under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 and obtained an Acknowledgment Certificate under Section 5(3) of the Act, on 18.12.2023, seen from Ext.P1, which is valid till 17.12.2026. The petitioner had also obtained a Sanitary Certificate from the Primary Health Centre, Pamboor, dated 12.12.2023, Ext.P2. The receipt regarding the registration of the chicken centre before the Commissioner of Food Safety, Government of Kerala is produced as Ext.P3. The petitioner had also applied before the Kerala Pollution Control Board as seen from Ext.P4. On 23.11.2023, the 3rd respondent Panchayat issued a notice to the petitioner alleging hygiene issues and directed him to stop the functioning till obtaining a valid licence. The said notice was issued to the petitioner, though he was not the proprietor then, as one Mr.Anto Chittilappallay was running the business and the petitioner was only a worker in the said shop. Again, the Panchayat on 22.12.2023, issued notice to the petitioner to stop the business alleging the same defects mentioned in the earlier notice. The petitioner was also directed to apply for a licence and to close the business till then by notice dated 22.12.2023, Ext.P5.

2. The petitioner clarified before the Panchayat that no further licence is required under the Act, as Ext.P-1 Acknowledgment Certificate has to be treated as a licence for a period of three years from the date of issuance. He also submitted that the complaints alleged against him are all fabricated and that he is a physically challenged person running the shop with the assistance of his wife.

3. On 31.01.2024, the Panchayat closed down the shop leaving 40 poultries unattended, causing the livestock to suffer without food and water and the same was reported in the dailies on 01.02.2024. The petitioner submits that the media covered this incident on 01.02.2024 and the Panchayat took all 40 poultries into their custody.

4. The 2nd respondent cancelled Ext.P1 Acknowledgment Certificate without any notice or hearing. The closure of the Panchayat was one day before the cancellation of the acknowledgement certificate. The 2nd respondent had issued a notice to the petitioner to appear on 26.12.2023 to discuss the clarification raised by the 4th respondent regarding his chicken stall as to whether it falls under the purview of the Acknowledgment Certificate. The petitioner asserts that no notice was issued before the cancellation and he was not heard before the cancellation and the notice to appear was only to discuss the clarification raised by the 4^th respondent. In view of the above contentions, this Court passed an order on 30^th May 2024, as follows:-

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There wil