IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939 WP(C).No. 7410 of 2018 PETITIONER(S)

K RAVI LICENSEE, TS NO.3, BADIADKA, KASARGOD.671543 BY ADVS.SRI.SEBASTIAN PAUL SMT.LIZAMMA AUGUSTINE RESPONDENT(S):

1. THE SECRETRY, BADIADKA GRAMA PANCHAYATH, KSARGOD. 671551

2. THE PRESIDENT, BADIADKA GRAMA PANCHAYATH, KASARGOD. 671551

3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 695001 R BY GOVERNMENT PLEADER SRI. RAVI KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 09.08.2017 SUBMITTED BY THE PETITIONER FOR D & O LICENCE.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.40052 OF 2017 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27.2.2018 PASSED BY THE FIRST RESPONDENT.

// True copy //

PA to Judge das A.K.JAYASANKARAN NAMBIAR, J.

===========================================

=====================================================

Dated this the 5^th day of March, 2018

JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P3 order, by which an application for D&O license has been rejected by the Secretary of the respondent Panchayat, inter alia, relying on a decision dated 11.08.2017 of the Panchayat Committee. Although various contentions are raised in the writ petition in its challenge against Ext.P3, I am of the view that against Ext.P3, the petitioner has an effective alternative remedy by way of an appeal before the Tribunal for Local Self Government Institutions, taking note of the decision of the Division Bench of this Court in Sudhakaran V. v. Pallichal Grama Panchayat and Another [2016 (2) KHC 481]. Accordingly, without prejudice to the right of the petitioner to move the Tribunal for Local Self Government Institutions, the writ petition in its challenge against Ext.P3 is dismissed.

Taking note of the submission of counsel for the petitioner that he would require some time to move the appellate Tribunal, I make it clear that if the petitioner prefers an appeal before the Tribunal for Local Self Government Institutions against Ext.P3 order, within a period of three weeks from today, then the Tribunal shall entertain the appeal and consider and pass orders on the same, after hearing the petitioner. The petitioner shall produce copy of the writ petition together with a copy of this judgment before the Tribunal for Local Self Government Institutions for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE das/05.03.2018