IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27412 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ MUHAMMED ABDUL KHADER @ U. BABU, AGED 54 YEARS, S/O.YUNNUSKUTTY, KOYIPURATHU THARAYIL, NJNKANAL, KRISHNAPURAM P.O. BY ADV. SRI. K.SHAJ, SRI.SAJJU.S, SRI.V.R.MANORANJAN. RESPONDENT(S): ------------------------- 1. MAVELIKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MAVELIKARA- 690 101. 2. SECRETARY, MAVELIKARA MUNICIPALITY, MAVELIKARA- 690 101. 3. MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN, MAVELIKARA MUNICIPALITY, MAVELIKARA- 690 101. 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, 695 004. R1 TO R3 BY ADV. MR.C. RASHEED, SC. R4 BY GOVT. PLEADER MR.MUHAMMED SHAFI M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, ALONG WITH WP(C) NO. 27418 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27412 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF NOTICE NO.R2-3511/2011 DATED 5/5/2011 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF APPEAL DATED 11/5/2011 FILED BY THE PETITIONER HEREIN BEFORE THE THIRD RESPONDENT MUNICIPAL COUNCIL. EXHIBIT P3 THE TRUE COPY OF NOTICE DATED 2/6/2011 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER HEREIN EXHIBIT P4 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AGAINST THE SECOND RESPONDENT HEREIN BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS , THIRUVANANTHAPURAM. EXHIBIT P5 THE TRUE COPY OF THE COMMON JUDGMENT DATED 3/10/2011 IN APPEAL PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS , THIRUVANANTHAPURAM. EXHIBIT P6 THE TRUE COPY OF THE NOTICE DATED 11/10/2011 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 12/10/2011 FILED BY THE PETITIONER AND OTHERS TO THE THIRD RESPONDENT MUNICIPAL COUNCIL RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NOS. 27412, 27418, 27430, 27431, 27432, 27438, 27441, 27446, 27447, 27448, 27451 and 27452 OF 2011 ------------------------------- DATED THIS THE 17TH DAY OF OCTOBER, 2011 JUDGMENT Petitioners in these writ petitions are tenants of the shop rooms in the shopping complex belonging to the first respondent Municipality. The above Writ Petitions except W.P.(C). No.27447/2011 are filed seeking to quash Ext.P6 notices and for a direction to consider Ext.P7 representations, and W.P.(C). No.27447/2011 is filed seeking to quash Ext.P4 notice and for a direction to consider Ext.P5 representation and give an opportunity to the petitioners in all these writ petitions to continue in the tenanted premises as per the terms of negotiation on the basis of Ext.P5 representation in W.P.(C).No.27447/2011 and Ext.P7 representation in all other writ petitions and for other incidental reliefs. 2. Ext.P5 is the order passed by the Tribunal. In the appeal -2- W.P.(C).Nos.27412, 27418, 27430, 27431, 27432, 27438, 27441, 27446, 27447, 27448, 27451 and 27452 OF 2011. preferred by the petitioners, the Tribunal found that the petitioners, who are licensees for the period 2010-11, are not entitled to get a temporary renewal of licence unless terms and conditions afford a right to them. The Tribunal also found that the Municipal Council took a decision that in case of any application for renewal of licence, the period of licence shall be renewed for three months, that there will be an enhancement of license fee @ 20% and that if the petitioners do not comply with the said conditions, they need not continue to occupy the rooms on license. The Tribunal dismissed the appeal preferred by the petitioners. Subsequently, the Municipality issued Ext.P6 /P4 notices dated 11-10-11 to all the licensees directing them to vacate the premises. In the said notice it is specifically stated that though the licence was renewed for the period from 1-4-2011 to 30-6-2011, petitioners neither cared to execute the agreement nor paid the defaulted rent arrears and failed to pay 20% enhancement. -3- W.P.(C).Nos.27412, 27418, 27430, 27431, 27432, 27438, 27441, 27446, 27447, 27448, 27451 and 27452 OF 2011. 3. After hearing the learned counsel for the petitioners and the Standing Counsel for the respondents 1 to 3, this Court is of the view that no grounds are made out by the petitioners for interference of this Court under Article 226 of the Constitution of India. The petitioners submit that they have submitted Ext.P7/P5 representations dated 12.10.2011 in all these writ petitions requesting the Municipality to reconsider the decision dated 28.4.2011, to relax the conditions after a negotiated settlement. In Ext.P7/P5 representations, the petitioners stated that they are ready and amenable for a reasonable settlement. 4. In the aforesaid circumstances, this Court is inclined to extend the petitioners the limited relief of directing the 3rd respondent to consider and dispose of Ext.P7/P5representations. 5. The 3rd respondent Municipality is directed to consider and pass appropriate orders on Ext.P7/P5 representations, after affording an opportunity of being heard to the petitioners in these -4- W.P.(C).Nos.27412, 27418, 27430, 27431, 27432, 27438, 27441, 27446, 27447, 27448, 27451 and 27452 OF 2011. writ petitions within a period of one month from today. Parties shall maintain status quo as on today till Ext.P7/P5 representations are disposed of. Writ Petitions are disposed of as above. HARUN-UL-RASHID, Judge. kcv. -5- W.P.(C).Nos.27412, 27418, 27430, 27431, 27432, 27438, 27441, 27446, 27447, 27448, 27451 and 27452 OF 2011.