IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1423 of 2008(T) ------------------------- PETITIONERS: ------------ 1. P.P.SURESH,S/O. PANGU, POLIYATH HOUSE ARTHATT VILLAGE, THRISSUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER PANGU, S/O. KUNHIKITTA,DO...DO.... 2. P.MADHAVI,W/O.PANGU, DO..DO.... BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENTS: ------------- 1. THE GURUVAYUR MUNICIPALITY , OFFICE OF THE GURUVAYUR MUNICIPALITY PO, GURUVAYUR,THRISSUR DISTRICT 680 101, REPRESENTED BY ITS SECRETARY. 2. KUNJUNNY,S/O.GOVINDAN,OTTUMADAM, PALUVIA DESOM, THAIKKAD VILLAGE CHOWGHAT TALUK, THRISSUR DISTRICT. R1 BY ADV.MR.K.K.CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1423 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 11th January, 2008 JUDGMENT Not admitted. Mr.K.K.Chandran Pillai, Standing Counsel takes notice on behalf of the 1st respondent-Municipality. 2. The grievance of the petitioners who have been given licence for conducting tea stall, cool drinks stall and a small stationary shop in room Nos.6 and 7 of the Municipal Private Bus Stand at Guruvayur is that the 2nd respondent who has been given licence only for conducting coin box telephone booth is unauthorisedly conducting the same business (stationary items and cool drinks) in his premises which is close proximately to the petitioners' rooms. The allegation is that the business is conducted by the 2nd respondent in the open space in front of their room. Ext.P3 photographs produced along with the Writ Petition prima facie show that the 2nd respondent is conducting business in cool drinks and stationary items. However, I do not propose to decide the issues raised in this Writ Petition. Ext.P4 representation has been submitted by the petitioners before the Secretary of the 1st respondent-Municipality. The first respondent will take up Ext.P4, conduct immediate local inspection, issue notice to the 2nd respondent, hear the petitioners and the 2nd respondent and W.P.C.No.1423/08 - 2 - take a correct decision on Ext.P4. Decision as directed above will be taken at the earliest and at any rate within one month of receiving copy of this judgment. If it is seen that the conduct of the business by the 2nd respondent is unauthorised, the Municipality will not hesitate to close down that business by taking appropriate coercive action against the 2nd respondent. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE