IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 18631 of 2007(R) ------------------------------------ PETITIONER: ------------------- A.P.NANU, S/O.POKKAN, ARIYAPUZHAYIL VEEDU, PATHIRAPPATTU P.O., KAKKATTIL VIA, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT/SECRETARY AND TREASURER, HOSPITAL DEVELOPMENT COMMITTEE, INSTITUTE OF MATERNAL AND CHILD HEALTH, MEDICAL COLLEGE, KOZHIKODE. 3. THE DISTRICT COLLECTOR, KOZHIKODE AND CHAIRMAN OF HOSPITAL DEVELOPMENT COMMITTEE, INSTITUTE OF MATERNAL AND CHILD HEALTH, MEDICAL COLLEGE, KOZHIKODE. BY GOVERNMENT PLEADER SMT. N.SUDHADEVI FOR R1TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, ALONG WITH WPC NO. 17242 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 18631 OF 2007 R APPENDIX PETITIONER'S EXHIBITS EXT-P1 : TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER FROM THE GOVERNMENT HOSPITAL, VATAKARA. EXT-P2 : TRUE COPY OF THE GOVERNMENT ORDER G.O(RT)NO.2060/02/H&FWD DATED 2.9.2002 ISSUED BY THE 1ST RESPONDENT. EXT-P3 : TRUE COPY OF THE ORDER DATED 12.9.2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT -P4 : TRUE COPY OF THE AGREEMENT DATED 12.9.2003 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. EXT- P5 : TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER FROM THE CORPORATION OF CALICUT DATED 20.5.2006 FOR PAYING THE PROPERTY TAX FROM THE YEAR 2002-03 UP TO 2005-06. EXT - P6 : TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER FROM THE CORPORATION OF CALICUT DATED 4.4.2007 FOR PAYING THE PROPERTY TAX FROM FIRST HALF OF 2007-08. EXT - P7 : TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EVIDENCING PAYMENT OF RENT FOR THE MONTH OF MAY 2007 EXT - P8 : TRUE COPY OF THE LETTER DATED 4.6.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT - P9 : TRUE COPY OF THE LETTER DATED 18.5.2007 ISSUED BY PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE. EXT - P10 : TRUE COPY OF THE LETTER DATED 16.10.2006 ISSUED BY THE SUPERINTENDENT, IMCH, KOZHIKODE TO THE PETITIONER. EXT - P11 : TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT DATED 5.6.2007 IN W.P.(C) NO.17242/07. EXT - P12 : TRUE COPY OF THE SAID NOTICE DATED 11.6.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT - P13 : TRUE COPY OF THE REPLY DATED 13.6.2007 TO EXT.P12 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. EXT - P14 : TRUE COPY OF THE LETTER DATED 15.6.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT – P15: TRUE COPY OF THE ORDER DATED 16.6.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. / TRUE COPY / PS TO JUDGE S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No.18631 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th June, 2008. J U D G M E N T The petitioner is challenging Ext.P15 notice whereby the petitioner has been directed to vacate the temporary shed occupied by him in the premises of the Institute of Maternal and Child Health of the Calicut Medical College and directing him to pay the entire arrears of licence fees. The learned Government Pleader submits that if the petitioner is prepared to pay the entire arrears of licence fees at the last agreed rate as on today, the 2nd respondent is prepared to reconsider Ext.P15 after affording an opportunity of being heard to the petitioner. This course of action suggested by the learned Government Pleader is acceptable to the petitioner also. In the above circumstances this writ petition is disposed of with the following directions. 2. The petitioner shall remit the entire arrears of licence fees at the rate last agreed to, as on today to the 2nd respondent within two weeks from today. On receipt of the same, the 2nd respondent shall pass fresh orders in the matter after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within two weeks from the date of payment of the arrears of licence W.P.C. No. 18631 of 2007 -: 2 :- fees. It is made clear that the 2nd respondent shall pass a detailed speaking order dealing with every contention to the petitioner. Sd/- S. Siri Jagan, Judge. Tds/