IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 27851 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. SRI.P.I.DENNIS, AGED 53 YEARS, S/O. LATE ITTIACHAN, VARKEY BHAVAN, LOURDUPURAM, THRISSUR. 2. SMT.MARIAMMA JOHN, AGED 44 YEARS, W/O. JOHN CHACKOLA, KURIACHIRA, THRISSUR. 3. ITTY, AGED 17(MINOR),S/O. LATE VARKEY, REPRESENTED BY THROUGH HIS MOTHER AND GUARDIAN, SMT.ROSAMMA VARKEY, W/O. LATE VARKEY, AGED 50, RESIDING AT VARKEY BHAVAN, LOURDUPURAM, THRISSUR. 4. SRI.TOBY ALAPPAT, AGED 45 YEARS, S/O. LATE ITTIACHAN, VARKEY BHAVAN, LOURDUPURAM, THRISSUR. BY ADV. SRI.R.MURALEEDHARAN PILLAI SRI.P.V.LONACHAN RESPONDENT(S): --------------- 1. THE KOZHIKODE NAGARASABHA, REPRESENTED BY ITS SECRETARY, NAGARASABHA OFFICE, KOZHIKODE. 2. THE COUNCIL, KOZHIKODE NAGARASABHA, REPRESENTED BY THE MAYOR, NAGARASABHA, KOZHIKODE. BY ADV. SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27851 OF 2009 ------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT The petitioners are occupants of a premises belonging to the Kozhikode Corporation. They plead that the licence fee demanded from them as per the impugned notices, along with incidentals and accruals as shown thereon, are really not due in terms of the licence deed and that the civil litigation referred to in the notices has no bearing on the matter. As of now, it is not for the writ court to venture into the adjudication of this matter. I say this because any demand in the form of the one that has been made could be ultimately subjected to statutory remedies in terms of the Kerala Municipality Act, 1994 before the competent authority, be it the council or the municipality or the tribunal for Local Self Government Institutions. But, more importantly before that the gravity of the claim requires that the petitioners are given opportunity of hearing on the matter by the authority of the first instance which has issued the demand. Therefore, there will be an order directing that the impugned notices will WPC.27851/09 Page numbers not be enforced for a period of four weeks and within that time, if the petitioners state their objections to the impugned notices, they will be heard in relation to their such objections and a final order issued by the secretary of the municipality. It is clarified that all issues on merits regarding the claim are left open. It is also clarified that whether the decision of the sub court has any bearing in the matter is also left open for consideration by the competent authority. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/10.