IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 24786 of 2009(P) -------------------------- PETITIONER(S): --------------- MOHANAN, S/O. VELAYUDHAN, KODATHOOR HOUSE, THEKKEPPURAM KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, THRISSUR COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT. 2. KUNNAMKULAM MUNICIPALITY, MUNICIPAL BUILDING, KUNNAMKULAM,THRISSUR DISTRICT REPRESENTED BY SECRETARY. 3. THE SECRETARY, KUNNAMKULAM MMUNICIPALITY, MUNICIPAL BUILDING KUNNAMKULAM,THRISSUR DISTRICT. BY ADV GRACIOUS KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 24786 OF 2009 ............................................ DATED THIS THE 27TH DAY OF AUGUST, 2009 JUDGMENT Advocate Gracious Kuriakose appears for respondents 2 and 3. 2. The petitioner faces an order to close down a bunk shop. That is issued by the Municipality on directions of the District Collector to take action against unauthorised shops. The plea of the petitioner is that following the ill health of his mother, the petitioner is continuing the activity in the shop and licence fee has been received from him, as evidenced by the receipts produced. Therefore, it is now for the petitioner to show to the Municipality that the activity is not unauthorised, since the Municipality is proceeding only to remove unauthorised activities. Hence, it is ordered that the impugned decision will stand suspended for a period of three weeks, enabling the petitioner to place materials before the competent authority in the Municipality and seek relief therefrom. On such materials being produced, the Municipality will consider the plea of the petitioner that he is in Wpc 24786/2009 2 authorised occupation. If the petitioner submits those materials within a period of two weeks from now, the order against dispossession as issued above, will continue till the Municipality takes a final decision on the matter. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/28/8