IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 14116 of 2010(L) ---------------------------------------- PETITIONER(S): ----------------------- P.MURALEEDHARAN,MANAGING PARTNER, MANJOO & COMPANY,MUNICIPAL BUS STAND BUILDING, KANNUR-01. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------------------- 1. THODUPUZHA MUNICIPALITY,THODUPUZHA, REPRESENTED BY THE SECRETARY. 2. THE MUNICIPAL COUNCIL,THODUPUZHA, REPRESENTED BY THE SECRETARY. R1 & R2 BY ADV. SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14116/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LEASE DEED EXECUTED ON 16/01/2008. P2: COPY OF THE RECEIPT DTD. 28/06/2006 FOR RS.2,00,000/-. P2(A): COPY OF THE RECEIPT DTD. 4/4/2010 FOR RS.1,01,000/-. P3: COPY OF THE COMMUNICATION DTD. 14/01/2010. P4: COPY OF THE COMMUNICATION DTD. 8/03/2010. P5: COPY OF THE COMMUNICATION DTD. 20/04/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14116/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of June, 2010 J U D G M E N T The petitioner herein is a tenant in respect of Room No.20 of the Shopping Complex constructed and leased out by the first respondent-Municipality. The current lease deed is one produced as Ext.P1 which is for a period of three years from 16/01/2008. Aggrieved by Ext.P5 notice, issued by the Secretary directing the petitioner to stop the business of selling lottery tickets in the said room, this writ petition has been filed. This Court passed an interim order staying the operation of the same for a period of two months, on 04/05/2010. The Municipality has filed a counter affidavit contending that the petitioner has a remedy to challenge the action by filing an appeal under Section 509 of the Kerala Municipality Act. 2. The learned counsel for the petitioner submitted that Ext.P5 notice is seen issued by the Secretary based on resolution No.3 dated 29/03/2010 of the Municipal Council and, so far, a copy of the resolution has not been communicated to the petitioner for enabling the petitioner to file an appeal. It is submitted by the learned Standing Counsel for the Municipality that the petitioner can resort to the remedy of filing an appeal against Ext.P5 itself. W.P.(C). No.14116/2010 -:2:- Whatever that be, if the petitioner files an application for the issuance of a copy of the resolution on usual terms, the same will be furnished by the Secretary within a period of one week of the receipt of the copy of the application. Since the petitioner has an effective remedy to file an appeal before the Tribunal for the Local Self Government Institution, the petitioner will be free to file an appeal against the proceedings before the Tribunal and, if an appeal is filed within a period of ten days from the date of furnishing of a copy of the resolution, the same will be considered in accordance with law. 3. Since the Municipality has already returned the room to the petitioner and as the lease period is not over so far, the status quo as on today will be maintained till the appeal is disposed of. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms