IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10507 of 2009(G) -------------------------- PETITIONER(S): --------------- R. MADHAVA KUMAR, PUTHEN VEEDU, TASS ROAD, ALUVA, PIN - 683 101. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY RESPONDENT(S): --------------- 1. ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ALUVA, PIN - 683 101. 2. THE SECRETARY, ALUVA MUNICIPALITY, MUNICIPAL OFFICE, ALUA, PIN - 683 101. 3. T.K. JOHN, S/O. KURIAN, THOPPIL HOUSE, RAIL ROAD, ALUVA, ERNAKULAM DISTRICT, PIN - 683 101. 4. R. REMADEVI, W/O.V.RADHAKRISHNA PILLAI, 102, UPASANA NAGAR, NEAR S.S.M HOSPITAL, KOLLAM, PIN - 691 001. BY ADV. SRI. V.M. KURIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 10507 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st March, 2009. J U D G M E N T The petitioner is running a private Cart Stand within the jurisdiction of the Aluva Municipality. According to the petitioner, the petitioner has been running the same ever since 1980. The petitioner is now aggrieved by condition No. (vii) in Ext. P7 order renewing the licence for the cart stand ,whereby the petitioner has been directed to either tar or concrete the cart stand if the petitioner wants renewal of licence from 1-4-2009. The petitioner's contention is that if the petitioner is made to tar or concrete the cart stand, operation of the cart stand itself would not be a viable proposition. In the above circumstances, the petitioner has filed Ext. P8 appeal before the 1st respondent challenging that condition in Ext. P7. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext. P8 appeal and also not to insist on condition No. (vii) in Ext. P7 in the meanwhile for operating the cart stand. 2. I have heard the standing counsel for the Municipality also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext. P8 as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. I further direct that till the disposal of the appeal, condition No. (vii) in Ext. P7 shall not be implemented as a condition for renewal of the licence. S. Siri Jagan, Judge. Tds/