IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2046 of 2010(E)
1. BITTAJ JOSEPH, S/O.JOSEPH,
... Petitioner
2. M.J.SCARIA, S/O.JOSEPH,
3. K.J.JOY, KUREEKKUNNEL HOUSE,
4. M.MANI, VANTHIYIL HOUSE, MANAKKADU P.O.
Vs
1. THODUPUZHA MUNICIPALITY, REPRESENTED
... Respondent
2. THE CHAIRPERSON, THODUPUZHA MUNICIPALITY
3. THE EXECUTIVE ENGINEER, KERALA STATE
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/01/2010
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 2046 OF 2010 (E)
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Dated this the 21st day of January, 2010
J U D G M E N T
Petitioners are occupants of shop rooms bearing numbers
XI/51, 95, 96 and the adjoining portion in the old bus stand
building in Thodupuzha. They applied for licence. However,
according to them, orders were not passed within one month
period specified in Section 447 of Municipalities Act. On that
basis, petitioners claim that deemed licence has accrued in their
favour by virtue of Section 447(6) of the Kerala Municipality Act.
It is contended that subsequently by Exts.P11 to P14 orders, the
applications were rejected. These orders have been challenged by
the petitioners before the 1st respondent by filing Exts.P15 to P18
appeals along with petitions seeking stay of Exts.P11 to P14. The
appeals and stay petitions are pending and in the meanwhile,
petitioners allege that the Municipality is taking steps for closing
down their business establishments. It is in these circumstances,
the writ petition is filed.
2. I heard the counsel appearing for respondents 1 and 2
and the standing counsel appearing for the 3rd respondent.
WPC 2046/10
:2 :
3. If as stated by the petitioners, the appeal and the stay
petitions filed by them are pending consideration of the 1st
respondent, 1st respondent has a duty to dispose of the appeals
on an expeditious basis.
4. Having regard to the fact that the petitioners’
establishments are functioning, I feel it only appropriate that the
Municipality should defer further action pursuant to Exts.P11 to
P14 until Exts.P15 and P18 appeals are heard and disposed of.
The appeals shall be heard with notice to the petitioners as
expeditiously as possible, at any rate within 4 weeks of
production of a copy of this judgment along with a copy of this
writ petition.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp