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2026 Supreme(Online)(Ker) 52195

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrishnan, J
SAIFUDHEEN K – Appellant
Versus
THE EDAKKARA GRAMA PANCHAYATH – Respondent
WP(C) NO. 27450 OF 2026



Advocates:
For the Appellants/Petitioners: Babu S. Nair, Smitha Babu, Pranav
For the Respondents: Jestin Mathew, Mohammed Danish K S

The court held that an aggrieved person has the right to file a representation against the issuance of a license by a local authority, and such representation must be decided after granting a hearing to both the objector and the licensee.

Headnote:(A) Administrative Law - Licensing - Right to Representation - Where a license has been issued by a local authority, an aggrieved party is entitled to submit a representation challenging the same, which the authority must consider after providing a fair opportunity of hearing to all concerned parties. (Para 4)

Issues: Whether the petitioner is entitled to a consideration of his grievance regarding the issuance of a license for a chicken stall by the Grama Panchayath.

Table of Content
1. petitioner seeks a writ of mandamus to prevent the opening of a chicken stall and requests consideration of representations. (Para 1 , 2)
2. the court observes that since a license was already issued, the appropriate remedy is a fresh representation. (Para 3 , 4)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V. KUNHIKRISHNAN, J.

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W.P.(C.).No.27450 of 2026

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Dated this the 10th day of August, 2026

JUDGMENT

This writ petition is filed with following prayers:

i) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the respondents 1, 2 and 3 to consider Exhibits P2, P3 and P4 representations submitted by the petitioner, without any further delay;

ii) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the commanding the respondents not to issue any licence for opening a chicken stall by the 4th respondent;

iii) Dispense with the filing of English translation of vernacular documents;

iv) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case. (SIC)

2. Petitioner submitted that the 4th respondent is trying to open a chicken stall near the residence of the petitioner, without getting permission from the Panchayat. The petitioner submitted a representation before the statutory authorities. The same is not considered is the grievance.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Panchayat. I also heard the learned Standing Counsel for the Pollution Control Board. The manner in which this writ petition is going to be disposed of, no notice is necessary to the 4th respondent. If the 4th respondent is aggrieved by any of the directions issued by this Court, he is free to file a review petition.

4. Today, when the matter came up for consideration, the Standing Counsel for the Panchayat submitted that the licence is already issued to the 4th respondent. The counsel for the petitioner submitted that the petitioner has a grievance in this regard. If that is the case, the petitioner can be allowed to file a fresh representation if he is aggrieved by the licence issued to the 4th respondent, and there can be a direction to consider the same.

Therefore, this Writ Petition is disposed of in the following manner:

1. If the petitioner is aggrieved by the issuance of licence to the 4th respondent, the petitioner is free to file a representation before the 2nd respondent, within a period of two weeks from the date of receipt of a certified copy of this judgment.

2. If such a representation is received, the 2nd respondent will consider the same and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner and the 4th respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of the representation.

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