IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 190 of 2011(W) ------------------------ PETITIONER: ------------------ K.HARIDAS, KALATHINKAL HOUSE, KALATHIN KADAVU, NILAMBOOR, MALAPPURAM DISTRICT, PIN 679329. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENT: -------------------- NILAMBOOR MUNICIPALITY REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE, NILAMBOOR, MALAPPURAM DISTRICT, PIN 679329. ADV. SMT.JEBI MATHER HISHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) 190 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2011 J U D G M E N T The petitioner who is the proprietor of J J Amusement Park filed this writ petition mainly seeking issuance of a writ of mandamus commanding the respondent to confirm the auction pursuant to Ext.P2 and give licence to run the Amusement Park from 4.1.2011 to 24.1.2011 in the place referred to in Ext.P6 to P11. Exts.P6 to P11 would reveal that the petitioner had obtained consent from the concerned land owners for using their land for running the Amusement Park during the aforesaid period. 2. The respondent has filed a counter affidavit in this writ petition. It is evident from Ext.R1(a) produced along with the counter affidavit that on 4.1.2011 the Municipal Council passed a resolution authorizing its Secretary to grant licence based on the request of the petitioner subject to the decision taken as per Ext.R1(a). Evidently, as per Ext.R1(a) the council has taken a decision not to grant P.P.R licence for putting up any structure on the land apparent to the State Highway from Janathappady to Reliance Petrol Pump on the Kozhikode- Nilampur-Gudalloor route. Apparently, such a decision was WPC No.190/2011 2 taken by the council taking into account various circumstances including the safety of general public who may gather to attend the 'Nilamboor Pattulsavam'. As per Ext.R1 (c) the petitioner was required to produce certain documents for the purpose of considering the request for grant of licence. The learned counsel appearing for the respondent submitted that on production of the documents required as per Ext.R1(c) the question of grant of PPR licence requested by the petitioner would be considered, forthwith. This is recorded. Accordingly, this writ petition is disposed of with a direction to the respondent to consider the grant of PPR licence requested by the petitioner in terms of Ext.R1(a) subject to the production of the documents required as per Ext.R1(c). Considering the fact the 'Pattulsavam' is being conducted from 4.1.2011 to 24.1.2011 only, this shall be done expeditiously, at any rate, within a day from the date of production of the required documents. Sd/- C.T. RAVIKUMAR, JUDGE jma //true copy// P.A to Judge