IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32322 of 2008(W) -------------------------- PETITIONER(S): --------------- SEBASTIAN ABRAHAM, AGED 47, S/O.ABRAHAM, ALUMTHARA HOUSE, CHEMPUMPURAM MURI, NEDUMUDI VILLAGE, KUTTANADU TALUK, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. ALAPPUZHA MINICIPALITY REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE, ALAPPUZHA. 2. THE HEALTH INSPECTOR, ALAPPUZHA MUNICIPALITY, ALAPPUZHA. 3. J.SARADHAMMA, W/O.LATE P.RAMAKRISHNA PANICKER, SREEVILASOM, NORTH OF INDIRA JUNCTION, ARAYAD JUCTION, ALAPPUZHA. SHRI.M.K.CHANDRAMOHAN DAS, SC R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32322 of 2008 ================== Dated this the 5th day of November, 2008 J U D G M E N T The petitioner is aggrieved by refusal on the part of the 1st respondent Municipality to grant licence to run an Ayurvedic shop on the ground that the petitioner has not produced consent from the landlord of the building. According to the petitioner, no such consent is necessary in view of the decision of this Court in Marimuthu v. Director General of Police [1999 (3) KLT 662]. Ext.P6 is the order passed by the Secretary of the Municipality in this regard. The petitioner is stated to have filed Ext.P10 appeal before the Council against Ext.P6. 2. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondents 1 and 2, and the learned counsel appearing for the 3rd respondent. 3. After hearing the parties, I am of opinion that the proper course of action to be taken is to direct the Municipality to consider and pass orders on Ext.P10 expeditiously. Accordingly, this writ petition is disposed of with a direction to the 1st respondent Municipality to consider and pass orders on Ext.P10, w.p.c.32322/08 2 as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the 3rd respondent. The Council shall consider the applicability of the decision cited by the petitioner in this regard while disposing of Ext.P10 appeal. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge