Petitioner was given permission to sell soft drinks and ice creams in Malampuzha dam garden. Thereafter, on account of beautification of Malampuzha garden, the activities of the petitioner were stopped. In a meeting convened by the Executive Engineer, a decision was taken to grant permission to the petitioner along with others. Accordingly, petitioner remitted a sum of `77,416/- by way of Demand Draft. However by Ext.P8 dated 07.10.2014, the Executive Engineer communicated the petitioner that the decision taken on Ext.P6 is without the sanction from the Government and therefore, it is invalid. It is challenging the above order, this Writ Petition is filed.
2. It is submitted by the learned counsel appearing for the petitioner that the petitioner is eking out his livelihood by selling soft drinks for the last five years and considering the fact that he is engaged in sale of soft drinks, he may be permitted to continue the activity based on Ext.P6. It is further submitted that if at all any consent is required, that is only a formality.
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3. Respondents have no case that the petitioner was never engaged in the sale of soft drinks and other items in the Malampuzha garden. On the other hand, learned Government Pleader submits that the decision in Ext.P6 is without any agenda.
4. I am of the view, petitioner is engaged in selling soft drinks for the last several years and a decision has been taken to grant permission to him by Ext.P6. The issue is in respect of livelihood of a person who was otherwise permitted to sell cool drinks and ice creams in the garden and he has been asked to stop the activities on account of beautification of the garden. Therefore, if there is no other impediment, sanction shall be granted to the petitioner by the first respondent based on Ext.P6, to implement the decision in Ext.P6, a decision in this regard shall be taken by the first respondent within a period of four weeks from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
Sbna/28/11/14 A.MUHAMED MUSTAQUE, JUDGE.