Xavier.C.A vs Secretary, Chalakudy ...
2022 Latest Caselaw 5107 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       WP(C) NO. 15456 OF 2022
PETITIONERS:

    1       XAVIER.C.A.,
            AGED 65 YEARS, S/O.ANTONY, RESIDING AT CHENGINIMATTAM
            HOUSE, SANJO NAGAR, KINFRA P.O., MURINGUR, CHALAKKUDY,
            TRISSUR-680 309.

    2       ANCY XAVIER,
            AGED 62 YEARS, W/O.XAVIER.C.A., RESIDING AT
            CHENGINIMATTAM HOUSE, SANJO NAGAR, KINFRA P.O.,
            MURINGUR, CHALAKKUDY, TRISSUR-680 309.

            BY ADVS.
            M.HARISHARMA
            D.NARENDRANATH



RESPONDENTS:

    1       SECRETARY, CHALAKUDY MUNICIPALITY,
            CHALAKKUDY P.O., CHALAKKUDY, TRISSUR-680 309.

    2       HEALTH SUPERVISOR,
            CHALAKKUDY MUNICIPALITY, CHALAKKUDY P.O.,
            CHALAKKUDY, TRISSUR-680 309.

            BY ADVS.
            SHEEJO CHACKO
            SHRI.SHEEJO CHACKO, SC, CHALAKUDY MUNICIPALITY



OTHER PRESENT:

            SC,SHEEJO CHACKO




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.15456 of 2022                    -2-



                             GOPINATH P., J.
                           -------------------------------
                           W.P.(C) No.15456 of 2022
                       --------------------------------------
                      Dated this the 06th day of May, 2022



                                  JUDGMENT

Against the rejection of their application for licence by Ext.P3, the

petitioners have preferred Ext.P4 appeal before the Municipal council under

Sec.509 of the Kerala Municipalities Act. The petitioners seek expeditious

disposal of Ext.P4 appeal and also a direction that they may be permitted to

continue with their business.

2. Having regard to the fact that the petitioners are conducting a

petty shop selling tea, coffee and cool drinks, I direct that pending

consideration of Ext.P4 appeal by the Municipal council, the petitioners will

be permitted to conduct the shop upon the same conditions as in Ext.P1

licence. It is also ordered that Ext.P4 shall be disposed of within a period of 2

months from the date of receipt of a copy of this judgment.

This writ petition is disposed of, with the above directions.

Sd/-

GOPINATH P.

JUDGE Skk/6.5.22

APPENDIX OF WP(C) 15456/2022

PETITIONERS' EXHIBITS:-

Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE 2ND RESPONDENT DATED 08.09.2020 HAVING NO.H2/3197/2020 TO THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF THE LICENSE FOR THE PERIOD 2022-2023 ON 24.02.2022.

Exhibit P3 TRUE COPY OF THE LETTER DATED 09.03.2022 HAVING NO.H2-4387/22 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS DATED 19.03.2022 BEFORE THE 1ST RESPONDENT.