The petitioners are persons conducting small shops in Pyngottur Grama Panchayat, for the last more than 15 years. According to them, there was an attempt to interfere with their possession by the 2nd respondent Panchayat. They have thereupon filed O.S.No.134/2010 which is pending before the Munsiff's Court, Muvattupuzha. They have filed this writ petition seeking a direction to the Panchayat not to close down their shop rooms without taking a decision on the renewal applications submitted by them, for the renewal of their licences to conduct businesses.
2. Adv.Sri.P.M.Benzir who appears for the Panchayat submits that, the Panchayat would consider the applications for renewal of licence submitted by the petitioners and take appropriate decisions thereon.
3. The learned counsel for the petitioner points out that, any decision on the renewal applications would have to await the result of the suit that is pending before the Munsiff's Court, to which the 2nd respondent Panchayat is also a party.
3. Heard. The renewal of licences sought for by the petitioners is for the purpose of conducting their businesses. The renewal of the said licences need not await the final outcome of the suit that is pending between the parties. Therefore, it is only appropriate that the 2nd respondent considers the applications for renewal in accordance with law and passes appropriate orders thereon, without further delay. With respect to the question as to whether dispossession of the petitioners would have to await the result of the suit that is pending between the parties, the petitioners would have to obtain appropriate orders in the suit itself. The parties would have to abide by the directions of the Munsiff's Court, Muvattupuzha with respect to the said aspect.
3. In view of the above, it is sufficient that this writ petition is disposed of directing that applications of the petitioners to be considered.
4. This writ petition is therefore, disposed of directing the 2nd respondent to consider the applications for renewal of licenses submitted by the petitioners in accordance with law and to pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner also, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment. The interim order granted by this Court in this case shall continue to be in force until orders are passed by the Panchayat on the applications for renewal of licenses submitted by the petitioners, in accordance with the above directions.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV