IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 241 of 2010(E) ------------------------ PETITIONER(S): --------------- 1. RAJAN PETER, S/O.A.D.PETER, AGED 52 YEARS, ROOM NO.14, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT ARASERKADAVIL, SHASTRIPURAM, AVALAKUNNU P.O., ALEPPEY-688 006. 2. P.J.JOSEPH, S/O.JOSEPH, AGED 58 YEARS, ROOM NO.5, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT PALACKAL HOUSE, THATHAMPALLY P.O., ALLEPPEY. 3. THOMAS CHANDY, S/O.CHANDY, AGED 62 YEARS, ROOM NO.18, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT KALATHILPARAMBIL, CHENNAMKARY P.O., ALLEPPEY. 4. ANTONY CHACKO, S/O.V.K.CHACKO, AGED 42 YEARS, ROOM NO.3, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT VATTATHARA HOUSE, THATHAMPALLY P.O., ALAPPUZHA-688 013. 5. ANIL KUMAR.R, S/O.RAJAPPA PANICKAR, AGED 38 YEARS, ROOM NO.9, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT ANUPAMA, THATHAMPALLY P.O., ALLEPPEY. 6. K.CHANDRAN, S/O.KUMARAN, AGED 70 YEARS, ROOM NO.16, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA. 7. RAJAGOPAL.S, S/O.SREEDHARAN, AGED 46 YEARS, ROOM NO.15, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA. WPC NO.241/2010 8. V.K.TENSING, S/O.KESAVAN, AGED 55 YEARS, ROOM NO.17, MUNICIPAL LIBRARY SHOPPING COMPLEX, RESIDING AT K.V.PURAM, THYKKUTTAM, ALLEPPEY TALUK, AMBALAPPUZHA. 9. KURIAN P.VADAKEKALAM, S/O.LATE V.A.POTHEN, AGED 48 YEARS, ROOM NO.13, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT VAKDAKEKALAM HOUSE, EAST OF CONVENT SQUARE, ALLEPPEY. 10. GEORGE MATHEW, S/O.MATHEW, AGED 48 YEARS, ROOM NO.1,2,7 & 8, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT PALLIVATHUKKAL CHUNGOM, ALLEPPEY. 11. THOMAS JOSEPH, S/O.JOSEPH, AGED 63 YEARS, ROOM NO.6,10,11 & 12, MUNICIPAL LIBRARY SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT PUTHENPARAMBIL, THATHAMPALLY, ALLEPPEY-688 013. 12. D.ASHOKAN, S/O.DIVAKARAN, AGED 54 YEARS, ROOM NO.9, SATHRAM SHOPPING COMPLEX, ALAPPUZHA, RESIDING AT KANIYAMPARAMBIL, NORTH ARYAD P.O., ALLEPPEY. 13. P.J.JOSEPH, S/O.JOSEPH JOSEPH, AGED 69 YEARS, ROOM NO.7, SATHRAM SHOPPING COMPLEX, OPP.DIST. COURT, ALAPPUZHA, RESIDING AT PUTHENPURACKAL, THATHAMPALLY P.O., ALAPPUZHA. 14. K.S.SUBASH, S/O.K.SANKARAN, AGED 50 YEARS, ROOM NO.1, SATHRAM SHOPPING COMPLEX, OPP.DIST. COURT, ALAPPUZHA, RESIDING AT KALARICKAL, KARUKAYIL WARD, THATHAMPALLY P.O., ALAPPUZHA. 15. KAMARUDHEEN, S/O.UMMERKUTTY, AGED 30 YEARS, ROOM NO.10, SATHRAM SHOPPING COMPLEX, OPP.DIST. COURT, ALAPPUZHA, RESIDING AT KOCHUPARAMBIL HOUSE, SOUTH ARYAD, AVALOOKUNNU P.O., ALAPPUZHA. WP(C) NO.241/2010 16. P.B.SHAJI, S/O.BHARATHAN, AGED 45 YEARS, ROOM NO.5, SATHRAM SHOPPING COMPLEX, OPP.DIST. COURT, ALAPPUZHA, RESIDING AT SHASHIBAS, AVALAKUNNU P.O., ALAPPUZHA. 17. S.R.RAJAGOPAL, S/O.S.P.RAMAKRISHNAN, AGED 51 YEARS, ROOM NO.8, KARTHIYANI PAPERMART, SATHRAM SHOPPING COMPLEX, OPP.DIST. COURT, ALAPPUZHA. 18. S.ABDUL SHUKOOR, S/O.E.SAINUDEEN, AGED 55 YEARS, ROOM NO.4, CLASSIC SELECTIONS LADIES STORE, SATHRAM SHOPPING COMPLEX, OPP.DIST. COURT, ALAPPUZHA, RESIDING AT SHYMA NIVAS, KAITHAVALAPPIL, ZILLA COURT WARD, ALAPPUZHA. 19. HARIDAS.K.N, S/O.SREEDHARAN.N, AGED 46 YEARS, ROOM NO.11, VEGETABLE SHOPPING COMPLEX, ALLEPPEY, RESIDING AT IRAVUKADU VEEDU, KOTTAMKULANGARA WARD, AVALAKUNNU P.O., ALEPPEY. 20. JESSAMMA JOSEPH, D/O.JOSEPH, AGED 45 YEARS, ROOM NO.8, VEGETABLE SHOPPING COMPLEX, ALLEPPEY, RESIDING AT THAYYIVEEDU, THATHAMPALLY WARD, ALLEPPEY. 21. P.A.MOHAMMED SHERIEF, S/O.ABOOBACKER, AGED 54 YEARS, ROOM NO.7, VEGETABLE SHOPPING COMPLEX, ALLEPPEY, RESIDING AT PADIPURACKAL VEEDU, KUTHIRAPANTHI WARD, ALLEPPEY. 22. K.SALEEM, S/O.M.KOYA, AGED 49 YEARS, ROOM NO.9, VEGETABLE SHOPPING COMPLEX, ALLEPPEY, RESIDING AT POOPARAMBIL VEEDU, ALISHERY WARD, ALEPPEY. 23. STELLA ANTONY, W/O.ANTONY, AGED 55 YEARS, ROOM NO.6, VEGETABLE SHOPPING COMPLEX, ALLEPPEY, RESIDING AT KOTTAMPARAMBU, THATHAMPALLY P.O., ALLEPPEY. 24. K.V.JOSEPH, S/O.OUSEPH VARGHESE, AGED 79 YEARS, ROOM NO.5, VEGETABLE SHOPPING COMPLEX, ALLEPPEY, RESIDING AT KULANGATTUVEEDU, AVALAKUNNU P.O., THATHAMPALLY, ALLEPPEY. WPC NO.241/2010 25. R.RAJESH, S/O.RAVINDRAN, AGED 38 YEARS, ROOM NO.11, JETTY SHOPPING COMPLEX, ALLEPPEY, RESIDING AT SREERAVII NIVAS, THONDANKULANGARA WARD, AVALAKUNNU P.O., ALLEPPEY. 26. SALEEM KUMAR.A, ROOM NO.8, JETTY SHOPPING COMPLEX, JETTY ROAD, ALLEPPEY. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------- 1. THE ALAPPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, ALAPPUZHA P.O. 2. THE SECRETARY, ALAPPUZHA MUNICIPALITY, ALAPPUZHA.P.O. 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. MR.M.K.CHANDRAMOHAN DAS, SC FOR R1. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.241 of 2010 (E) --------------------------------- Dated, this the 22nd day of January, 2010 J U D G M E N T The petitioners are licencees of the respondent Municipality. Exts.P1 to P38 are the documents relied on by the petitioners to prove that they are licences. By Exts.P39 to P67, they were informed that the Municipality by its resolution No.9 dated 29/08/2009 has increased the security deposit, and they were called upon to make the security deposit, and though they were also informed that they should appear before the Chairman, the petitioners did not appear before the Chairman, and they have filed this writ petition and challenged the demand for the enhanced security deposit. 2. In my view, the challenge is premature. From the notices issued, the impression that I get is that although the Municipality has passed a resolution as indicated therein, still the petitioners, being affected parties, are given an opportunity to make their representations. Therefore, they should have availed of that remedy first, and if aggrieved, then only they need to have taken recourse to WP(C) No.241/2010 -2- legal remedies. Since the petitioners have not appeared before the Chairman and made their representations, I direct that as agreed by both sides, the petitioners will appear before the Chairman of the 1st respondent Municipality at 11.30 am on 05/02/2010, when the Chairman of the respondent Municipality shall hear the petitioners and take a final decision in this matter. It is made clear that the contentions raised by the petitioners are left open. Needless to say that no coercive action shall be taken against the petitioners until the matter is decided as above. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg