IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29669 of 2009(C) ------------------------------------- PETITIONER(S): ------------------------ DINESH KUMAR, SON OF DIPARAM, AGED 23 YEARS, BRANCH MANAGER, M/S.TCI FREIGHT, T.K.1/627, THALIKKAVU, NEAR BJP OFFICE, KANNUR. BY ADVS.MR.M.RAMESH CHANDER SMT.K.A.SANJEETHA MR.ANEESH JOSEPH RESPONDENT(S): ----------------------- KANNUR MUNICIPALITY, KANNUR, REPRESENTED BY ITS SECRETARY. BY ADV. MR.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 29669 OF 2009 ............................................ DATED THIS THE 21st DAY OF OCTOBER, 2009 JUDGMENT Standing counsel takes notice for the respondent. 2. With the materials on record, the petitioner demonstrates that he applied for licence for a Parcel Service Centre after obtaining a building on licence. Ext.P2 is also stated to have been produced. With the passage of time, the petitioner claims that he has a deemed licence since the municipal authority has not rejected the application for licence. He now faces Ext.P4, a notice to close down the premises, on account of objections raised by the neighbours. Though not the receipt issued by the Municipality, Ext.P3 is obtained by the petitioner for payment of profession tax during the second half year of 2008-2009. With these Wpc 29669/09 2 materials, it is appropriate that the Secretary hears the petitioner and issues orders only after considering the materials. Under such circumstances, it is ordered that if the petitioner shows cause in answer to Ext.P4, within a period of ten days from now, the Secretary will decide on that issue and issue final orders within a further period of two weeks, after giving the petitioner an opportunity of hearing. Until then, further enforcement of Ext.P4 will stand suspended, having regard to the peculiar facts ad circumstances of this case. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/22/10