IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 34536 of 2005(J) -------------------------------------- PETITIONER: ------------------- SHAIQUE SALIM PASHA, AGED 39 YEARS, S/O.SHAIQUE MAKHSOOL SAHIB, ADATHUMKUZHIMEETHAL, MAVOOR AMSOM, CHEROOPPA DESOM OF KOZHIKODE TALUK. BY ADV. SRI.C.P.MOHAMMED NIAS. RESPONDENTS: ----------------------- 1. THE CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, BEACH, CALICUT. 2. VALSALA, W/O.SUGUNARAJ, AGED 46 YEARS, PADINHAREKKAT PARAMBIL, KOZHIKODE TALUK. ADV. SRI. C.M. SURESH BABU, S.C, FOR R1, ADV. SRI.SALIL NARAYANAN K.A. FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34536/2005-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 01/11/2004 ENTERED INTO BETWEEN THE PETITIONER AND THE R.2. EXT.P.2: COPY OF THE NOTICE DTD. 07/11/2005 ISSUED BY THE R.1. TO THE PETITIONER REJECTING HIS APPLICATION UNDER SECTION 492 (3) OF THE KERALA MUNICIPALITIES AND CORPORATION ACT. EXT.P.3: COPY OF THE APPEAL MEMORANDUM DTD. 18/11/2005. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE TEXT OF THE COMMUNICATION RECEIVED BY THIS DEPONENT FROM THE R.1. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.34536 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any appropriate order or direction directing the first respondent to consider afresh the application filed by the petitioner for grant of licence dispensing with the requirement of the consent of the second respondent under section 493(2) of the Municipalities Act. It is submitted that the Sub Court, Kozhikode is seized of the matter in A.S.No.109/2006. This writ petition is disposed of making it clear that further action in the matter will be taken by the first respondent only depending on the outcome of the appeal referred to above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 34536 OF 2005 J U D G M E N T 15.10.2008