IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 31765 of 2010(U) -------------------------- PETITIONER(S): --------------- PEEYUSH KUMAR GUPTA, M/S.MEENAKSHI TRADERS, T.C.NO.28/627(5), 'RAM TOWER', SREEKANTESWARAM, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): --------------- 1. TRIVANDRUM CORPORATION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIVANDRUM CORPORATION, THIRUVANANTHAPURAM. 3. SHYLAJA RAMADASAN, W/O.RAMADASAN, "KALABHAM", T.C.NO.15/1581(2), M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. Shri P.K.MANOJ KUMAR, SC, TVM CORPN. SENIOR GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31765/2010-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of October, 2010 J U D G M E N T The petitioner herein is the tenant of a shop room bearing Door No.T.C.28/627(5), 'Ram Tower' in Sreekanteswaram, Thiruvananthapuram. It was obtained on lease from the third respondent from 4th April, 2007 onwards. Therein, the petitioner is conducting an Auto Spare Parts business. According to the petitioner, the predecessor was was in possession was conducting the very same business by name 'M/s.Ambika Automobiles'. The petitioner applied for issuance of licence. It was granted by the Corporation as per Ext.P1 and for subsequent years including 2010-11, licence was applied for and same has been renewed. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Corporation and the learned Government Pleader for the fourth respondent. 3. Proceedings have been initiated to cancel the licence alleging that the building which is a residential one has been converted for commercial purpose. Ext.P6 is the notice issued to the petitioner in this regard. Challenging the same, the petitioner has filed Ext.P7 appeal before the Council along with a stay petition W.P.(C). No.31765/2010 -:2:- (Ext.P8). It is prayed that the appeal may be directed to be disposed of within a time frame and in the meanwhile, further action pursuant to Ext.P6 may be kept in abeyance. Evidently, the Council is not functioning in view of the impending election. Therefore, the appeal can be disposed of only after the election is over and new Council takes charge. In that view of the matter, the writ petition is disposed of with the following directions:- The competent authority or the Council will take a decision on Ext.P7 appeal within two months after hearing the petitioner. Till then, action pursuant to Ext.P6 will be kept in abeyance. No costs. (T.R. Ramachandran Nair, Judge.) ms