IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 17433 of 2010(D) ----------------------------------------- PETITIONER(S): ----------------------- DINESH MANI, 'ARCHANA' KOTTAPPURAM, PARAVUR, KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): ------------------------- 1. THE PARAVUR MUNICIPALITY, PARAVUR P.O., KOLLAM, REP.BY ITS SECRETARY. 2. THE SECRETARY, PARAVUR MUNICIPALITY, PARAVUR P.O., KOLLAM. R1 & R2 BY ADV. SRI.R.RANJITH, SRI.V.V.RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17433/2010-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.1259/85 DTD 08/03/1985 OF PARAVUR SRO. EXT.P2: COPY OF THE RECEIPT DATED 20/09/2007 ISSUED BY THE VILLAGE OFFICER, KOTTAPPURAM VILLAGE. EXT.P3: COPY OF THE ROUGH SKETCH OF THE SHOP ROOMS. EXT.P4: COPY OF THE RECEIPTS OF PAYMENT OF LICENSE FEE PAID ON 28/02/2009 AS PER THE DEMAND IN FAVOUR OF THE PETITIONER. EXT.P5: COPY OF THE RECEIPTS OF PAYMENT OF LICENSE FEE PAID ON 28/02/2009 AS PER THE DEMAND IN FAVOUR OF HIS BROTHER SRI.VIJAYADEVAN. EXT.P6: COPY OF THE APPLICATION FOR RENEWAL OF LICENSE ALONG WITH REQUIRED DOCUMENTS FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 26/02/2010. EXT.P7: COPY OF THE REPRESENTATION DATED 28/04/2010 FILED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT.P8: COPY OF THE NOTICE DATED 22/05/2010 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17433 of 2010-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010. JUDGMENT The petitioner who is a vegetable merchant in Paravur within the jurisdiction of the first respondent, has filed this writ petition challenging Ext.P8 communication issued by the Secretary of the Municipality which is styled as a notice under Sections 412(1) and 428 of the Kerala Municipality Act. 2. Learned Standing Counsel for the Municipality fairly submitted that the notice Ext.P8 styled as one under Section 412(1) read with Section 428 is issued irregularly and therefore the Municipality is withdrawing the same. It is further pointed out that they will issue a fresh notice as enjoined by law and the petitioner will be given ample opportunity to defend it also. Therefore, the writ petition is allowed and Ext.P8 will be withdrawn by the Municipality and if so advised, the Municipality will issue a fresh notice and the petitioner will be given ample opportunity to defend the action, in such an event. No costs. (T.R. Ramachandran Nair, Judge.) kav/