1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14th DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.54679/2017 (LB-RES) BETWEEN:
SRI. N.M. SHARIF S/O N.T. MOIDU AGED ABOUT 38 YEARS R/AT. MURNAD VILLAGE MADIKERI TQ KODAGU DISTRICT-571252.
(BY Mr. JAGADEESH D.C. ADV.,) AND:
1. THE EXECUTIVE OFFICER TALUK PANCHAYATH, MADIKERI TQ KODAGU DISTRICT=-571252.
2. THE KANTUR-MURNAD GRAMA PANCHAYATH MADIKERI TQ, KODAGU DISTRICT REPT. BY ITS PDO-571252.
... PETITIONER ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW AND TO ISSUE TRADE LICENSE TO PETITIONER FOR INSTALLATION OF COLD STORAGE AS REQUESTED BY CONSIDERING THE APPLICATION OF PETITIONER DTD.24.6.2017 VIDE ANNEX-B FORTHWITH.
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Jagadeesh D.C. Adv. for Petitioner 1. The petitioner-Mr.N.M.Shariff s/o N.T.Moidu has filed this writ petition in this Court on 04.12.2017, aggrieved by the impugned Endorsement issued by the 2nd Respondent-PDO, Kanthoor-Moornad Gram Panchayath, Madikeri Taluk, Kodagu District, vide Annexure-C dated 06.07.2017, by which, the said Respondent refused to renew the Trade Licence of the petitioner for the current financial year 2017-18 on account of the policy decision taken by the said Gram Panchayath not to allow the sale of meat in the commercial complex situated in the Market, Moornad Town vide Resolution No.45 in the General Meeting held on 30.06.2017 and therefore, the said Gram Panachayath has decided not to issue the licence for additional cold storage for the sale of any meat or fish till the end of the year 31.03.2018 and therefore, the said Endorsement was issued by the concerned PDO that his application would be considered as per the Rules in the next financial year 2018-19.
2. The learned counsel for the petitioner Mr.D.C.Jagadeesh submitted that the earlier licence issued in favour of the petitioner vide Annexure-A dated 07.12.2011 expired on 31.03.2012 and thereafter, the petitioner did not carry on the said business activity. However, he applied for renewal of the said Trade Licence vide his application for the renewal for the year 2016-17, which has been however rejected by the impugned Endorsement vide Annexure-C dated 06.07.2017.
3. Having heard the learned counsel for the petitioner, this Court is of the opinion that the said policy decision taken by the Respondent- Kanthooru- Moornadu in larger public interest does not appear to be per-se arbitrary or illegal and therefore, the same cannot be challenged by the petitioner.
4. There is no merit in the writ petition. The Writ petition is accordingly dismissed. No costs.
Copy of this order be sent to the Respondents forthwith.
Sd/- JUDGE Srl.