IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30436 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ PREMJI, PROPRIETOR, GANGA RESTAURANT, VARKALA. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENT(S): ---------------------------- 1. VARKALA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, VARKALA MUNICIPALITY BUILDING, VARKALA P.O., TRIVANDRUM-PIN-695 141. 2. SECRETARY, VARKALA MUNICIPALITY, MUNICIPALITY BUILDING, VARKALA-PIN-695 141. R1 & R2 BY ADV.SRI.J.S.AJITH KUMAR,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30436/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE RENT DEED DATED 2-8-2003. EXHIBIT P2: TRUE COPY OF THE RENT DEED EXECUTED IN THE YEAR 2010. EXHIBIT P3: TRUE COPY OF THE ORDER OF INJUNCTION DATED 22-2-2011. EXHIBIT P4: TRUE COPY OF THE NOTICE DATED 21-10-2011 RECEIVED ON 23-10-2011. EXHIBIT P5: TRUE COPY OF THE REPLY DATED 25-10-2011. EXHIBIT P6: TRUE COPY OF THE NOTICE DATED 2-11-2011. EXHIBIT P7: TRUE COPY OF THE REPLY DATED 4-11-2011. EXHIBIT P8: TRUE COPY OF THE APPLICATION FOR LICENCE DATED 4-11-2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 30436 OF 2011 ------------------------------- DATED THIS THE 16TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed seeking a direction commanding the 2nd respondent to consider and pass orders on Ext.P8 forthwith and not to give effect to Ext.P6 on or after 19/11/2011. 2. Heard the learned counsel for the petitioner and the Standing Counsel for the respondents. 3. Petitioner alleges that without terminating the lease, the elder brother of the petitioner wants to forcibly evict him from the hotel. Petitioner submits that the building belongs to his brother and that by virtue of the lease deed executed by his brother the petitioner is conducting a restaurant by name 'Ganga Restaurant' from 2003 onwards. It is also pointed out that when his brother took steps to forcibly evict the petitioner, he approached the Munsiff's Court, Varkala. The Munsiff's Court passed Ext.P3 order dated 22/2/2011 restraining the brother of the petitioner from -2- W.P.(C).No.30436/2011 evicting the petitioner from the building and from causing any obstruction to his business until further orders. Subsequently, his brother exerted influence to the authorities to cancel the licence to run the restaurant. It is alleged that Ext.P6 notice was issued by the Municipality directing the petitioner to close down his business within 24 hours. The petitioner submitted Ext.P8 application for licence in Form A under sub rule 3(a) of Section 447 of the Kerala Municipalities Act. The application is pending consideration before the 2nd respondent. In the aforesaid circumstances, this writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P8 application, after affording an opportunity of being heard to the petitioner, within a period of ten days from the date of receipt of a copy of this judgment. All further proceedings pursuant to Ext.P6 notice shall be kept in abeyance, till the disposal of Ext.P8 application. Sd/- HARUN-UL-RASHID, Judge. kcv.