IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 18068 of 2011(G) ------------------------------------ PETITIONER : -------------------- M.C.SABU, AGED 46 YEARS, S/O.CHANDRASEKHARAN NAIR, MUGHAYAPPILLIL HOUSE, PURAPUZHA KARA, PURAPPUZHA VILLAGE, THODUPUZHA TALUK. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS : ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE THODUPUZHA MUNICIPALITY REP. BY THE SECRETARY, THODUPUZHA VILLAGE, THODUPUZHA TALUK - 685 684. 3. BABU THOMAS, S/O.THOMAS, CHACKONAL HOUSE, KOLANI KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK - 685 684. 4. ELSAMMA, W/O.THOMAS, KALAPPILLIL HOUSE, KOLANI KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK - 685 684. R1 BY SRI.BIJU MEENATTOOR, GOVT. PLEADER R2 BY SRI.P.K.SOYUZ, SC, R3 TO R4 BY ADV.K.PAUL KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- WP(C).No. 18068 of 2011(G) APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE JUDGMENT IN O.S.NO.160 OF 2009 DATED 05.04.2011 ON THE FILE OF THE MUNSIFF COURT, THODUPUZHA. P2 : COPY OF I.A.NO.768 OF 2011 IN O.S.NO.160 OF 2009 DATED 27.05.2011 ON THE FILE OF THE MUNSIFF COURT, THODUPUZHA. P3 : COPY OF THE CLOSURE NOTICE ISSUED ON THE PETITIONER DATED 13.06.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 18068 OF 2011 ------------------------------- DATED THIS THE 13TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed seeking to quash Ext.P3 and for a direction commanding the 2nd respondent not to proceed further with Ext.P3 till Ext.P2 application is finally heard and decided. The 2nd respondent-Municipality issued Ext.P3 notice calling upon the petitioner to stop his cement brick manufacturing unit as directed by the civil court. Ext.P1 is the copy of the judgment in O.S.No160/09 by which the Munsiff restrained the petitioner by way of permanent prohibitory injunction from running the cement brick manufacturing unit and directed the petitioner to close down the unit within 30 days from the date of the decree. On the basis of Ext.P1 judgment the Municipality issued Ext.P3 closure notice. 2. Learned counsel for the petitioner submits that the decree and judgment passed by the Munisff's Court are ex parte and therefore the petitioner filed I.A.No.768/2011 to set aside the ex parte decree -2- W.P.(C).No.18068/2011 and judgment. Learned Standing Counsel for the Municipality submits that the petitioner is conducting the cement brick manufacturing unit in building No.IV/60-A5 without licence. In the facts and circumstances of the case, this writ petition is disposed of directing the Municipality to keep in abeyance all further proceedings pursuant to Ext.P3 notice till the disposal of I.A.No.768/2011 in O.S.No.160/2009 filed by the petitioner for setting aside the ex parte decree and judgment. It is made clear that this judgment does not stand in the way of the Municipality taking action against the petitioner, who is running the unit without any licence subject to the order in I.A.No.768/2011. HARUN-UL-RASHID, JUDGE. kcv.