IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 16918 of 2011(L) ---------------------------------- PETITIONER: --------------- NOORJAHAN, DOOR NO.24/189 PATHIDAPALAM, KALAMASSERY,ERNAKULAM DISTRICT. BY ADV. SRI.DENIZEN KOMATH SMT.MEREENA JOSEPH RESPONDENS: ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, STATE SECRETARIAT,THIRUVANANTHAPURAM PIN 695 001. 2. KALAMASSERY MUNICIPALITY REP BY THE SECRETARY KALAMASSERY ERNAKULAM DISTRICT 683 104. 3. RAJ GOPAL K.P PROPRIETOR, CARGO COURIER SERVICE TCI-XPS VMB ROAD, PATHADIPALAM,KALAMASSERY ERNAKUALM PIN 683 133. 4. A.K.NAZAR, ANJIKATH HOUSE PATHADIPALAM, KALAMASSERY, ERNAKUALM PIN 683 133. ADV. SRI.O.V.MANIPRASAD FOR R4 ADV. SRI.K.R.VINOD FOR R3 GOVERNMENT PLEADER SRI BIJUME3ENATTOOR FOR R1 SC SRI M.K. ABOOBACKER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.16918/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SKETCH. EXT.2 TRUE COPY OF THE COMPLAINT DTD. 31/3/2010. EXTP3 TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.18119/10 DTD. 11/6/2010. EXT.P4 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER DTD. 5/11/2010. EXT.P5 TRUE COPY OF THE JUDGMENT IN CONTEMPT CASE ©.NO.1519/2010 DDE. 14/12/2010. EXT.P6 TRUE COPY OF THE REPORT OF THE HEALTH INSPECTOR DTD.20/1/2011. EXT.P7 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD. 1/6/2011. EXT.P8 TRUE COPY OF THE OBJECTION DTD. 1/4/2011. EXT.P9 TRUE COPY OF THE HEARING NOTICE ISSUED TO THE PETITIONER DTD. 4/6/2011. EXT.P10 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY OF THE KALAMASSERY MUNICIPALITY TO THE 3RD RESPONDENT DTD. 27/4/2011. RESPONDENTS' EXTS: NIL. TRUE COPY P.S. TO JUDGE Kcv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.16918 OF 2011 ------------------------------- DATED THIS THE 24TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the 2nd respondent not to renew the licence of the 3rd respondent which has been cancelled by the order incorporated in Ext.P6 and for other incidental relief. 2. When the matter was taken up for consideration today, the learned counsel for the petitioner submits that during the pendency of the writ petition, licence has been renewed in favour of the 3rd respondent. The counsel also submits that the Secretary of the Municipality granted renewal of the permit for the year 2011-12 by order dated 16/8/201. It is submitted that the petitioner intends to file an appeal before the Standing Committee. Petitioner points out that since the order passed by the Secretary is dated 16/8/2011 by this time, the time prescribed for filing the appeal has been expired and therefore requests this Court that a direction -2- W.P.(C).No.16918/2011 may be issued to the Standing Committee to consider and dispose of the appeal on merits, as if it was filed in time. In the aforesaid facts and circumstances of the case, the writ petition is disposed of with a direction to the petitioner to file an appeal before the Standing Committee within two weeks from today. If the petitioner prefers such an appeal within the said period, the appeal shall be considered and disposed of on merits, as if the appeal is filed in time. HARUN-UL-RASHID, Judge. kcv.