IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10661 of 2010(G) -------------------------- PETITIONER(S): ---------------------- MANOHARAN.K, DEVIKANTH AUTO GARAGE, NIDOOR.P.O, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): ----------------------- 1. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. 2. THE THALASSERY MUNICIPALITY, THALASSERY, REPRESENTED BY ITS SECRETARY, THALASSERY, KANNUR DISTRICT. 3. THE MUNICIPAL COUNCIL, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT-REPRESENTED BY THE CHAIRMAN. 4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KAKKAD ROAD, KANNUR. 5. N.PAVITHRAN, NELLIKKAL HOUSE, NIDOOR.P.O, THALASSERY, KANNUR DISTRICT. SRI.M.K.CHANDRAMOHANDAS, SC, PCB SRI.P.U.SHAILAJAN, SC, PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 10661 OF 2010 (G) ===================== Dated this the 29th day of March, 2010 J U D G M E N T Petitioner submits that he is a physically challenged person. 2. According to him, on the strength of Ext.P1(a) licence, he has been conducting a workshop in a row of building where similar such establishments are also functioning. In this writ petition, he is aggrieved by Ext.P8, an order issued by the Secretary of the Municipality cancelling his licence. It is seen that against this order, he has filed Ext.P9 appeal before the Municipal Council invoking its appellate power under Section 509(1) of the Kerala Municipality Act. The appeal has not been considered and in the meanwhile, petitioner apprehends coercive action based on Ext.P8. It is therefore the writ petition is filed. 3. Having regard to the fact that the appeal filed by the petitioner is pending consideration of the appellate authority, it is only appropriate that the appellate authority should expedite consideration of Ext.P9, and in the meanwhile, I feel, having regard to the facts as highlighted in this writ petition, Ext.P8 should be kept in abeyance. WPC No. 10661/10 :2 : 4. Therefore, I dispose of this writ petition directing the 3rd respondent, before whom Ext.P9 appeal is pending, to consider and pass orders on Ext.P9 appeal with notice to the petitioner. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. It is directed that in the meanwhile, further proceedings pursuant to Ext.P8 will be kept in abeyance. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp