IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10834 of 2008(M) -------------------------- PETITIONER: ------------ C.K.ASHIK, S/O ALAVI AGED 36 YEARS, CHELAPRAKANDI HOUSE P.O.KARAPPARAMBA MARKET ROAD, KOZHIKODE - 673 010 BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS: ------------- 1. KOZHIKODE CORPORATION REP.BY ITS SECRETARY CORPORATION OFFICE, KOZHIKODE - 673 032 2. THE HEALTH OFFICER KOZHIKODE CORPORATION CORPORATION OFFICE, KOZHIKODE - 673 032. BY ADV.SRI.P.V.KUNHIKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 10834 of 2008 ---------------------------------- Dated this the 31st day of March , 2008 JUDGMENT In this writ petition, the petitioner who has been conducting a chicken stall within the area of the Kozhikode Corporation, challenges Ext.P7 order of the Corporation declining the petitioner's application for renewal of the D & O licence in respect of the chicken stall for the year 2008 – 09 on various grounds. 2. I am not inclined to go into the merits of those grounds since it is seen that the petitioner has already submitted Ext.P8 appeal before the concerned appeal committee. When this writ petition come up for admission, I heard the submissions of Sri.P.S.Sreedharan Pillai, the learned counsel for the petitioner and Sri.P.V.Kunhikrishnan, the learned Standing Counsel, who has taken notice on behalf of the Corporation. Having regard to the submissions addressed, I am of the view that this writ petition can be disposed of issuing the following directions; i). The Council of the first respondent Corporation will take up Ext.P8 appeal and dispose of the same in accordance with law at the WPC No. 10834/2008 2 earliest and at any rate within three weeks of receiving a copy of this judgment. ii). In the meanwhile, the petitioner is directed to do everything that is necessary to ensure that all the defects mentioned by the Health Officer in Ext.P3 order no longer survive regarding the petitioner's chicken stall. The petitioner will file a declaration before the Council to the effect that he has done what is necessary and there is no room at present for any complaint regarding lack of hygienic in his chicken stall. Iii). Subject to the above directions, the petitioner is permitted to continue with the chicken stall till such time as the Council passes orders on Ext.P8 appeal. Before the appeal is taken up for disposal, the counsel will ensure that the petitioner's claim in the declaration is correct. The Council will communicate the order passed on the appeal to the petitioner as soon as orders are passed. PIUS C. KURIAKOSE JUDGE dpk