IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 14401 of 2010(A) -------------------------- PETITIONER: ------------- P.V.SANTHOSH,S/O.VASUDEVAN NAIR, 43 YEARS,PADINJAREKKARA HOUSE,MANAKKADU KARA AND VILLAGE,THODUPUZHA. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): --------------- 1. THODUPUZHA MINICIPALITY,THODUPUZHA, REPRESENTED BY THE SECRETARY. 2. THE MUNICIPAL COUNCIL,THODUPUZHA, REPRESENTED BY THE SECRETARY. ADV. SRI.P.K.SOYUZ FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14401/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF DEED DATED 12.11.2003. EXT.P2: TRUE COPY OF THE NOTICE DATED 28.4.2010. EXT.P3: TRUE COPY OF THE STAY ORDER IN W.P.(C)No.14116/10 EXT.P4: TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 26.5.2010. EXT.P5: TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT. RESPONDENTS' EXTS: EXT.R1(A): TRUE COPY OF NOTICE ISSUED TO THE PETITIONER DATED 26.12.09 TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.14401 of 2010 --------------------------------- DATED THIS THE 7th DAY OF JUNE, 2010 JUDGMENT The petitioner is aggrieved by the notice, Exhibit P2, issued by the Secretary of the 1st respondent-Municipality. Exhibit P2 notice was issued based on a resolution taken by the Municipal Council. 2. This Writ Petition was filed on 5.5.2010 and notice was issued to the respondents. Going by the counter affidavit filed by the Municipality, the licence agreement had expired on 31.3.2010 and thereafter it was not renewed. It is further pointed out that the Municipality has taken possession of the rooms which were allotted to the petitioner on 3.5.2010. It is also submitted that the petitioner has not so far challenged the action taken by the Municipality on 3.5.2010 before any forum, even though it is appealable. 3. In the light of the above, the learned counsel for the petitioner submitted that the petitioner will avail the alternate remedy before the Tribunal for Local Self Government Institutions. This Writ Petition was admitted on 6.5.2010. If the W.P.(C)No.14401/10 -2- petitioner files an appeal before the Tribunal within a period of two weeks from the date of receipt of a copy of this judgment, the same will be entertained and will be disposed of on merits by the Tribunal. Leaving open the said remedy, the Writ Petition is disposed of . T.R.RAMACHANDRAN NAIR, JUDGE. dsn