IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 16979 of 2008(U) ---------------------------------------- PETITIONER: ------------------ BENNY THOMSON, S/O.THOMSON, BUSINESS, KUMBADINHAMUKKU, PO.THAZHEKKADU, CHALAKUDY, PIN – 680697. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT: ---------------------- ANGAMALY MUNICIPALITY, REP. BY ITS SECRETARY, ANGAMALY. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16979/2008 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RENTAL AGREEMENT EXECUTED BY PETITIONER IN FAVOUR OF THE 3RD RESPONDENT DTD. 30/05/2008. EXT.P2: COPY OF THE RECEIPT FOR PAYMENT OF SECURITY DEPOSIT OF RS.3 LAKHS, DTD. 30/05/2008. EXT.P3: COPY OF THE RECEIPT FOR REMITTING RENT IN ADVANCE FOR THE PERIOD OF MAY AND JUNE 2008, DTD. 30/05/2008. EXT.P4: COPY OF THE RECEIPT FOR PAYMENT OF RS.45,000/- AS RENT ADVANCE, DTD. 30/05/2008. EXT.P6: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 AND 2 DTD. 3/06/2008. EXT.P7: COPY OF THE ORDER PASSED BY THE RESPONDENT, DTD. 2/06/2008. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 16979 OF 2008 - U = = = = = = = = = = = = = = = Dated this the 12th June 2008 J U D G M E N T Petitioner challenges Ext. P7, an order issued by the Secretary of the respondent Municipality indefinitely suspending the licence of the shop room that was granted to him for establishing a meat stall in the market owned by the Municipality. According to the counsel appearing for the Municipality, petitioner has not defaulted any payment, but then for reasons other than that the Municipality had to issue Ext. P7. Whatever be the justification that the Municipality may have, the fact remains that the petitioner had a licence for the shop room and if the Municipality is to cancel the same, in my view, the petitioner ought to have been given a notice. This admittedly has not been done and therefore for that reason Ext. P7 will stand quashed. 2. It is clarified that it will be open to the3 Municipality to issue notice to the petitioner, hear him, and then pass appropriate orders. It is directed that the Municipality should give notice as W.P.(C) No. 16979 OF 2008 - 2 - above within one week from today and finalise the proceedings on an expeditious basis. 3. Though the counsel for the Municipality submits that trade licence has not been issued to the petitioner and that he has not obtained any consent from the Pollution Control Board or NOC from the DMO, in the nature of the order that is passed in this writ petition, I do not think that an adjudication on those issues are necessary in this matter. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-