IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20578 of 2011(V) ------------------------------------- PETITIONER(S): ------------------------ N.VAIDYANATH T.C.2/3737-4,KESAVADASAPURAM, THIRUVANANTHAPURAM, NOW R/A.TC.28/1282, SREEKANDASWARAM, THIRUVANANTHAPURAM BY ADV. SRI.R.GOPAN RESPONDENT(S): ------------------------- THIRUVANANTHAPURAM CORPORATION REP.BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM-695001 BY ADV. SRI.P.K.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20578/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SETTLEMENT DEED DTD. 17.12.2010 EXECUTED BY I.P.KRISHNA PILLAI IN FAVOUR OF MOHANAKUMAR. P2:- COPY OF THE BUILDING TAX RECEIPT PAID BY KRISHNA PILLAI FOR THE SHOP ROOM NO.TC 2/3737(4). P3:- COPY OF THE RENT DEED DTD. 1.4.2011 EXECUTED BY THE PETITIONER IN FAVOUR OF MOHAN KUMAR. P4:-COPY OF THE NO-OBJECTION CERTIFICATE DT. 1.4.2011 EXECUTED BY THE LANDLORD MOHANAKUMAR. P5:- COPY OF THE APPLICATION FOR LICENCE SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. P6:- COPY OF THE NOTICE DTD. 26.4.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. P7:- COPY OF THE COVERING LETTER SENT BY THE PETITIONER TO THE RESPONDENT DTD. 18.7.2011. P8:- COPY OF THE DEMAND DRAFT DTD. 18.7.2011 FOR RS. 700/-. P9:- COPY OF THE ORDER DTD. 2.2.2011 IN IA. 695/2011 IN OS. 115/2011 OF SUB COURT, THIRUVANANTHAPURAM. P10:- COPY OF THE NOTICE DTD. 11.7.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. P11:- COPY OF THE REPRESENTATION DTD. 19.7.2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. P12:- COPY OF THE ACKNOWLEDGMENT RECEIPT DTD. 21.7.2011 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 20578 OF 2011 ------------------------------- DATED THIS THE 28TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed for a direction to the respondent to dispose of Ext.P5 and P11 applications and also to issue provisional licence to the petitioner and for other incidental reliefs. 2. It is averred in the writ petition that for the last six years the petitioner is doing business in shop room No.TC2/3543 with valid licence from the respondent-Corporation. It is further stated that now he shifted the business to the present building owned by 3. It is further averred that now he shifted his business to the present building owned by M. Mohanakumar and he applied for licence and that he produced rent deed and no objection certificate from the landlord. It is also stated that the landlord has submitted an application before the Revenue Authorities for effecting -2- W.P.(C).No.20578/2011 mutation, which is pending consideration. 4. Petitioner submitted Exts.P5 and P11 applications before the respondent. Ext.P5 is the application for licence for the business conducting in the new premises. Ext.P10 is the notice issued by the Corporation stating that the petitioner shall stop the business within 7 days from the date of receipt of the notice and if the direction is not complied with, the shop shall be closed without further notice. The petitioner submitted Ext.P11 in reply to Ext.P10 notice requesting the respondent to grant temporary licence. The learned counsel for the petitioner submits that Exts.P5 and P11 are pending consideration before the respondent and that no orders have been passed thereon till date. 5. Heard the learned counsel for the petitioner and Sri N.Nandakumara Menon, the learned Senior Standing Counsel for the respondent. In the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent to -3- W.P.(C).No.20578/2011 consider Exts.P5 and P11 and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner. The parties shall maintain status quo as on today till Exts.P5 and P11 are finally disposed by the respondent. HARUN-UL-RASHID, Judge. kcv.