IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 32434 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ MOHAMMED ISMAIL, NVSC/C-10, KALLINGAL HOUSE, VELLANGALLUR, MUKUNDAPURAM TALUK. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH RESPONDENT(S): --------------------------- 1. KODUNGALLUR MUNICIPALITY, REP. BY THE SECRETARY, KODUNGALLUR MUNICIPALITY, P.O.KODUNGALLUR - 680 664. 2. THE SECRETARY, KODUNGALLUR MUNICIPALITY, P.O.KODUNGALLUR - 680 664. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32434/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENSE ISSUED BY THE MUNICIPALITY DTD. 23/06/2011. P2: COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DTD.2/11/2011. P3: COPY OF THE REPRESENTATION DTD. 8/11/2011. P4: COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DTD.2/12/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.32434 Of 2011 ---------------------- Dated this the 6th day of December, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P2 & P4 orders passed by the 2nd respondent. 2. The petitioner is running a travel agency under the name 'Aspin Travels' in room No.C-10 of Sree Narayanan Vaidyar Memorial Shopping Complex owned by the respondent Municipality. The petitioner submits that the travel agency is functioning in room No.C-10 for the last 32 years with licence issued by the Municipality and the same is duly renewed from time to time. On 2.11.2011 the Municipality issued Ext.P2 order informing him that the licence issued to the petitioner in respect of occupancy of room No.C-10 was cancelled and the petitioner was asked to surrender the room within 15 days of receipt of the notice. The said order was passed without hearing the petitioner and without affording an opportunity of being heard. Therefore, the petitioner submitted Ext.P3 representation. Ext.P3 representation was rejected directing the petitioner to vacate the room within three days failing which the petitioner would be evicted. Ext.P4 is the order passed on 2.12.2011. ::2:: W.P.(C).No.32434 Of 2011 3. Ext.P1 licence was issued for the period up to 31.3.2012. The petitioner pointed out that Ext.P4 order was passed in gross violation of the principles of natural justice. The petitioner was not heard nor his objections were considered before passing Ext.P4 order. The petitioner is seriously aggrieved by Ext.P4 order by which he was directed to vacate the room within three days. 4. Ext.P4 order is an appealeable order. The petitioner has got remedy to prefer appeal before the appellate authority. Therefore, this Court is not inclined to consider the contentions raised by the petitioner at this stage. The writ petition is dismissed without prejudice to the right of the petitioner to prefer appeal against Ext.P4 order. All further proceedings pursuant to Ext.P4 order shall be kept in abeyance for a period of ten days, enabling the petitioner to prefer statutory appeal. HARUN-UL-RASHID, Judge. bkn/-