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HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J
C M BEEMA – Appellant
Versus
VIKRAM N BANDA – Respondent
WRIT APPEAL 1557/2015
Licensing - Appeal - Act Section List - The court addressed licensing issues, determining that appellants lacked necessary permits, leading to dismissal of the appeal.
Fact of the Case:
Respondents 4 & 5 filed an appeal against a ruling that directed them to cease operations of a chicken farm and slaughtering process due to licensing disputes.
Issues: Whether the appellants possessed a valid license to operate a chicken farm after their deemed license expired.
Ratio Decidendi: The court held that without a valid license, the appellants could not be permitted to continue their operations legally.
Final Decision: The writ appeal was dismissed, allowing appellants to seek the necessary license from the Corporation.
J U D G M E N T
A.M.Shaffique, J.
This writ appeal has been filed by respondents 4 & 5 in WP(C) No.10230/2015, which was filed by the 1st respondent herein. By judgment dated 10.07.2015, the learned Single Judge had allowed the writ petition, directing the respondent Corporation to ensure that the chicken farm and slaughtering process done by the appellants is stopped forthwith.
2. The appeal was filed inter alia contending that the appellants had deemed licence for conducting the chicken farm. It was alleged that appellants were using the premises for selling chicken meat as well. The respondent Corporation took a contention that the licence was only for a cold storage and the appellants were not permitted to conduct any chicken stall or chicken W.A. No. 1557 of 2015 butchering.
3. Learned counsel for the writ petitioner submits that the deemed licence, which had been claimed, has already expired by 31.03.2015; and as the matter stands now, there is no licence for conducting the chicken farm.
However, the appellants have a cold storage licence. 4. Having regard to the facts and circumstances, we do not think that there is any necessity to consider the appeal on merits.
Hence, the writ appeal is dismissed with liberty to the appellants to approach the respondent Corporation for necessary licence, in which event, the respondent Corporation shall consider the same in accordance with law.
ASHOK BHUSHAN CHIEF JUSTICE
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