IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 5103 of 2010(K) ------------------------- PETITIONER(S): --------------- JINSON, AGED 31 YEARS, S/O. DAVIS, PALLIPATT HOUSE, ANGAMALY. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. ANGAMALY MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, ANGAMALY MUNICIPALITY. ADV. SRI.S.SHARAN, SC FOR THE MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5103 of 2010 (K) --------------------------------- Dated, this the 17th day of February, 2010 J U D G M E N T Heard both sides. 2. Challenge in the writ petition is against Ext.P4 notice issued by the Secretary of the 1st respondent Municipality requiring the petitioner to close down his cold storage for the reason that the establishment does not have a licence. 3. The case of the petitioner is that he made an application for licence as early as on 19/09/2009 and that since the Municipality did not pass any order on the application, the petitioner is entitled to the benefit of the deeming provision as provided in Section 447(6) of the Kerala Municipality Act. 4. Irrespective of the aforesaid contention, fact remains that against Ext.P4 notice, the petitioner is entitled to seek appellate remedy as provided under Section 509(1) of the Act. If that be so, there is no reason to entertain the writ petition. 5. However, fact remains that the petitioner has already WP(C) No.5103/2010 -2- started his cold storage and if Ext.P4 notice is implemented now, he will have to close down the shop. Taking into account this fact also, it is directed that it will be open to the petitioner to pursue the appellate remedy against Ext.P4. In order to enable the petitioner to seek the appellate remedy and obtain protective interim orders, it is directed that Ext.P4 notice will be kept in abeyance for a period of one month from today. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg