IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 14301 of 2010(K) ---------------------------------------- PETITIONER(S): ------------------------- ABDUL KHADER.P.A, POTHIYIL HOUSE, VILANGU P.O., KARUKULAMGARA, ERNAKULAM DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------------------- 1. THODUPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, THODUPUZHA. 2. SECRETARY, THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, THODUPUZHA. 3. MUNICIPAL COUNCIL OF THODUPUZHA MUNICIPALITY, REP. BY ITS CHAIRMAN, MUNICIPAL OFFICE, THODUPUZHA. 4. STATE OF KERALA REP. BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.P.K.SOYUZ, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14301/2010 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DTD. 20/04/2010. P2: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P3: COPY OF THE REQEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 19/05/2010. P3(A): COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DTD. 19/05/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14301/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of June, 2010 J U D G M E N T The petitioner was the licencee in respect of shop room No.22 in the Town Hall Shopping Complex owned by the Thodupuzha Municipality. The petitioner was served with Ext.P1 notice directing him to stop the business in lottery that was being conducted in the above shop room. Aggrieved by Ext.P1 notice, this writ petition has been filed. Ext.P2 is the representation filed by the petitioner before the Municipal Council against Ext.P1 notice. It is submitted that no action has been taken so far. 2. It is submitted by the learned Standing Counsel for the Municipality that the Municipality has not renewed the licence and has taken possession of the room also. The same is based on a resolution dated 29/03/2010 passed by the Municipal Council. 3. Since the remedy of the petitioner is to file an appeal before the appropriate forum under Section 509 of the Kerala Municipalities Act, the petitioner will have to resort to the said remedy. For enabling the petitioner to resort to the said remedy, a copy of the resolution, dated 29/03/2010, will be issued to him on his submitting an application and on complying with usual terms. The copy W.P.(C). No.14301/2010 -:2:- will be issued within one week from the date of receipt of the application and if an appeal is filed, the same will be disposed of by the Tribunal. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms