IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 17689 of 2010(I) ------------------------------- PETITIONER: -------------- BADARUDDHEEN, S/O.ABDUL KHADER MASTER, MUTHANIKKATTU HOUSE, TIRUR P.O., TIRUR, MALAPPURAM DISTRICT. BY MR.SAJU.S.A, ADVOCATE. MR.K.C.KIRAN, ADVOCATE. RESPONDENTS: ------------------ 1. TIRUR MUNICIPALITY, REP. BY ITS SECRETARY, TIRUR, MALAPPURAM. 2. THE SECRETARY, TIRUR MUNICIPALITY, TIRUR, MALAPPURAM. 3. THE CHAIRMAN, TIRUR MUNICIPALITY, TIRUR, MALAPPURAM. 4. RAMLA, W/O.MOIDEENKUTTY, KAKKADAVATH HOUSE, POOKKAYIL, P.O.TIRUR, MALAPPURAM DISTRICT. BY MR.K.B. MOHANDAS, SC FOR R1 TO R3 MR.K.I.ABDUL RASHEED FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17689 OF 2010 --------------------------------------- Dated this the 21st day of June, 2010. J U D G M E N T The petitioner herein is a tax payer of Tirur Municipality. The challenge is against the resolution taken by the Municipal Council to grant licence for starting a beef stall in favour of the 4th respondent. It is contended that originally the 4th respondent was granted one room in the market for conducting trade in dry fish for which alone the Secretary of the Municipality had issued licence. 2. It is the case of the petitioner that the Secretary being the competent authority to issue licence, the decision taken by the Municipal Council itself, who is the appellate authority in the matter, cannot be justified. Learned Senior Counsel for the petitioner submitted that the same is without jurisdiction. 3. Heard the learned Standing Counsel appearing for the Municipality. It is pointed out that the Municipal Council has taken the resolution in the light of clause 11 of Exhibit P1 which W.P.(C) No.17689/2010 2 permits conversion of the purpose with the permission of the Municipal Council. 4. The Secretary has already issued licence. Therefore, it is upto the petitioner to challenge the same before the Tribunal for Local Self Government Institutions in accordance with the provisions of the Act. Without prejudice to the petitioner to challenge the issuance of licence before the Tribunal for Local Self Government Institutions, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp