IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27300 of 2011(J) ----------------------------------------- PETITIONER(S): ------------------------- M.SHAJAHAN, AGED 54 YEARS, S/O.MUHAMMED KUNJU, ENJAKKAL HOUSE, KANNATHAMPI BHAGAM, KAYAMKULAM. BY ADVS. SRI. K.SHAJ, SRI. SAJJU.S. RESPONDENT(S): ---------------------------- 1. MAVELIKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MAVELIKARA-690 101. 2. SECRETARY, MAVELIKARA MUNICIPALITY, MAVELIKARA-690 101. 3. MUNICIPAL COUNCIL REPRESENTED BY ITS CHAIRMAN, MAVELIKARA MUNICIPALITY, MAVELIKARA - 690 101. 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY-695 004. R1 TO R3 BY ADV. SRI. RASHEED, SC R4 BY GOVERNMENT PLEADER SRI.RAFEEQUE V.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011 ALONG WITH WPC.NO.27291 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27300/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTICE NO.R2 3511/2011 DTD. 5/05/2011 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. P2: COPY OF APPEAL DTD. 11/5/2011 FILED BY THE PETITIONER HEREIN BEFORE THE THIRD RESPONDENT MUNICIPAL COUNCIL. P3: COPY OF NOTICE DTD. 2/06/2011 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER HEREIN. P4: COPY OF THE APPEAL FILED BY THE PETITIONER AGAINST THE SECOND RESPONDENT HEREIN BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. P5: COPY OF THE COMMON JUDGMENT DTD. 3/10/2011 IN APPEAL PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. P6: COPY OF THE NOTICE DTD. 11/10/2011 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. P7: COPY OF THE REPRESENTATION DTD.12/10/2011 FILED BY THE PETITIONER AND OTHERS TO THE THIRD RESPONDENT MUNICIPAL COUNCIL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) Nos. 27291/2011 , 27292/2011, 27293/2011, 27300 / 2011 , 27301/2011,27302/2011, 27303/2011 & 27308/2011, --------------------------------------- Dated this the 14th day of October 2011. JUDGMENT Petitioners in these writ petitions are tenants of the shop rooms in the shopping complex belonging to the first respondent Municipality. The Writ Petitions are filed seeking to quash Ext.P6 notices in all these writ petitions and also for a direction to consider Ext.P7 representation in all these writ petitions and give an opportunity to the petitioners to continue in the tenanted premises as per the terms of negotiation on the basis of Ext.P7 representation in all these writ petitions and other incidental reliefs. 2. Ext.P5 is the order passed by the Tribunal. In the appeal preferred by the petitioners, the Tribunal found that the petitioners who are licensees for the period 2010-11 are not entitled to get a temporary renewal of licence unless terms and conditions afford a right to them. The Tribunal also found that the Municipal council W.P.(C) No.27291&connected cases. 2 took a decision that in case of any application for renewal of licence, the period of licence shall be renewed for three months, that there will be an enhancement of license fee @ 20% and that if the petitioners do not comply with the said conditions, they need not continue to occupy the rooms on license. The Tribunal dismissed the appeal preferred by the petitioners. Subsequently, the Municipality issued Ext.P6 notice dated 11.10.11. to all the licensees directing them to vacate the premises. In Ext.P6 it is specifically stated that though the licence was renewed for a period from 1.4.2011 to 30.6.2011, petitioners neither cared to execute the agreement, nor paid the defaulted rent arrears and failed to pay 20% enhancement. 3. After hearing learned counsel for the petitioners and Standing counsel for the respondents 1 to 3, this Court is of the view that no grounds are made out by the petitioners for interference of this Court under Article 226 of the Constitution of India. The petitioners submit that they have submitted Ext.P7 representation dated 12.10.2011 in all cases requesting the Municipality to reconsider the decision dated 28.4.2011, to relax the conditions after a W.P.(C) No.27291&connected cases. 3 negotiated settlement. In Ext.P7 representation, petitioners stated that they are ready and amenable for a reasonable settlement. 4. In the aforesaid circumstances, this Court is inclined to extend the petitioners the limited relief of directing the 3rd respondent to consider and dispose of Ext.P7 representation in all cases. 5. The 3rd respondent Municipality is directed to consider and pass appropriate orders on Ext.P7 representation in all these cases, after affording an opportunity of being heard to the petitioners in all these writ petitions within a period of one month from today. Parties shall maintain status quo as on today till Ext.P7 representation in all the writ petitions is disposed of. The writ petitions are disposed of as above. HARUN-UL-RASHID JUDGE al