IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 37806 of 2008(A) -------------------------- PETITIONER(S): --------------- SEBASTIAN ABRAHAM, AGED 47,S/O.ABRAHAM, ALUMTHURA HOUSE, CHEMPUMPURAM MURI, NEDUMUDI VILLAGE, KUTTANADU TALUK, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): --------------- 1. ALAPPUZHA MUNICIPALITY 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 JUNCTION, ALAPPUZHA. SHRI.M.K.CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.37806 of 2008 ================== Dated this the 2nd day of February, 2009 J U D G M E N T The petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to challenge the order of the council dated 12.1.2009 rejecting the petitioner's claim for licence. However, the petitioner makes a fervent plea that the Municipality may be directed to permit the petitioner to take back the medicines in question so that the petitioner can return it to the S.D. Pharmacy from where the petitioner has purchased it and also a direction to the Municipality to return the key of the building to the petitioner on condition that the petitioner would not conduct any business therein without any licence from the Municipality. Permission is granted and the writ petition is dismissed as withdrawn without prejudice to the right of the petitioner to challenge the order of the Municipality now passed. On the petitioner submitting an application for return of the medicines and key with an undertaking that the petitioner would not conduct any business in the shop in question without a licence from the Municipality and that he will return the seized medicines to the S.D.Pharmacy, the Municipality shall return the medicines to the petitioner and key of the building after preparing an inventory. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2