IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 31563 of 2009(M) -------------------------- PETITIONER(S): --------------- E.MOHAMMED HANEEF, S/O.IBRAHIM, AGED 42 YEARS, NAVROJI PURAYIDAM, LAJNATH WARD, ALAPPUZHA. BY ADV. SRI.L.ALOYSIUS THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ALAPPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, ALAPPUZHA. 3. SECRETARY ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE, ALAPPUZHA. R1 BY GOVT. PLEADER SRI.I.V.PRAMOD R2, R3 BY SRI.M.K.CHANDRAMOHAN DAS, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31563 OF 2009 ------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT The petitioner's application for licence was disallowed by the municipality without affording the petitioner an opportunity of being heard. Learned counsel for the municipality states that the petitioner could be given an opportunity of being heard. Accordingly, the impugned Ext.P8 will be treated as a provisional decision as to the views of the municipal secretary on the application of the petitioner and if the petitioner appears either in person or through authorised representative, he will be heard and a final decision taken within a period of three weeks from the date of receipt of a copy of this judgment. Ext.P5 application would also be considered. It is clarified that this judgment speaks nothing on the merits of the matter. This writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.13/11.