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2026 Supreme(Online)(Ker) 5642

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
SHAFI – Appellant
Versus
THE SECRETARY, MAYYANAD GRAMA PANCHAYAT – Respondent
WP(C) NO. 17013 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.C.R.JAYAKUMAR
For the Respondents: SRI.M.R.SASITH, SRI.V.JAYAPRADEEP, SMT.O.A.NURIYA, SRI.D.S.LOKANATHAN, SRI.ALAN PRIYADARSHI DEV, SMT.ARSHIJA T.P., SMT.LILIN LAL, SHRI.M.R.SASITH PANICKER

The court enforces business licensing compliance, allowing restricted trading based on existing licenses.

Headnote:In this matter concerning WP

(C) No. 17013 of 2023, the petitioner seeks the implementation of a stop memo regarding unauthorized activities by the 5th respondent as per Ext.P2. After hearing counsel, the court determines that the 5th respondent's trading activity is permissible, provided no manufacturing occurs without the necessary license. The 5th respondent's operations are thus restricted pending proper licensing. The court's findings clarify the legal obligations of parties in business activity regulation. The final decision closes the writ petition, making the interim order absolute, allowing future activity contingent upon licensing.

Table of Content
1. petition for enforcement of stop memo. (Para 1 , 2)
2. court observation on trading and licensing. (Para 3)
3. final conclusion regarding business activities. (Para 4)

JUDGMENT

The petitioner has filed the captioned writ petition seeking an implementation of Ext.P2 stop memo as regards the activity carried on by the 5th respondent.

2. Heard Sri.C.R.Jayakumar, the learned counsel for the petitioner, as well as Sri.Sunilnath, the learned Government Pleader.

3. On 02.11.2023, this Court permitted the 5th respondent to carry out the trading activity alone in so far as no licence was obtained by the 5th respondent for the manufacturing activity. The Panchayath was also directed to ensure that no manufacturing activity is carried on by the 5th respondent.

4. Today, the learned Government Pleader states, on the basis of the instructions received by him, that there is no business carried on by the 5th respondent at present.

In any event, if the 5th respondent does not have any licence for the manufacturing activity, he may not be permitted to carry out the said activity. Therefore, this writ petition would stand closed making the interim order dated 02.11.2023 absolute. Needless to say that, if the 5th respondent obtains any licence from the competent authority for the manufacturing activity, he may be permitted to carry out the said activity.

Sd/-

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