IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 23443 of 2010(E) -------------------------------- PETITIONERS: ---------------- 1. K.E.ALI,S/O.IBRAHIM,AGED 65 YEARS, MANAGING PARTNER, VYTTILA TRADERS, AISHA ROAD, PONNURUNNI, VYTTILA P.O, COCHIN-19. 2. K.A.SHAFI,S/O.K.E.ALI,AGED 38 YEARS, VYTTILA TRADERS, AISHA ROAD, PONNURUNNI, VYTTILA P.O, COCHIN-19. BY MR.SHAJI P.CHALY, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. KOCHI CORPORATION, PARK AVENUE, ERNAKULAM,REPRESENTED BY ITS SECRETARY. 3. CORPORATION COUNCIL,CORPORATION OF KOCHI PARK AVENUE,ERNAKULAM,REPRESENTED BY THE CHAIRPERSON. 4. ADDITIONAL SECRETARY,CORPORATION OF COCHIN,PARK AVENUE,ERNAKULAM. 5. AYSHA ROAD RESIDENTS ASSOCIATION, AYSHA ROAD,PONNURUNNI, REPRESENTED BY N.CHELLAPPAN PILLAI,DOOR NO.32/3026,VYTTILA PO,ERNAKULAM-19. 6. GOKULAPALAN,HOUSE NO.32/3024, KARUVAKKATTU HOUSE, PONNURUNNI , VYTTILA PO, ERNAKULAM- 19, REPRESENTING KOOTHAPPILLY RESIDENTS ASSOCIATION. WP(C).No. 23443/2010 7. BINU JOSE,GOOD EARTH HARMONY OWNERS ASSOCIATION,AYSHA ROAD, PONNURUNNI,VYTTILA PO, ERNAKULAM-19. BY MR.PRAVEEN K. JOY, SC. MS.K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23443 OF 2010 --------------------------------------- Dated this the 27th day of July, 2010. J U D G M E N T The petitioners were having licence to conduct the business in Scrap from 2001 onwards. Presently, they are faced with Exhibit P4 order passed by the 4th respondent-Additional Secretary whereby their application for renewal of licence has been rejected on certain grounds. The said order is dated 22.07.2010. 2. The petitioners have filed an appeal before the Council as per Exhibit P5 along with a stay petition Exhibit P6. Learned counsel for the petitioner submitted that the order Exhibit P4 is in violation of the statutory scheme itself. It is a matter for the appellate authority to consider. There will be a direction to the Chairperson to consider the stay petition Exhibit P6 and pass orders thereon within a period W.P.(C) No.23443/2010 2 of 15 days. Any coercive action pursuant to Exhibit P4 will be kept in abeyance till orders are passed on the stay petition. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp