IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 16009 of 2008(E) -------------------------- PETITIONER: ------------ M/S.JOY ALUKKAS TRADERS (INDIA) PVT. LTD REPRESENTED BY ITS GENERAL MANAGER P.P.JOSE, S/O.P.A.PYLOTH, PUDUKKADAN HOUSE, CONVENT ROAD, KORATTI, THRISSUR DISTRICT. BY ADV. SRI.T.KRISHNANUNNI(SR.) SRI.P.K.MOHANAN(PALAKKAD) SRI.SAJU.S.A RESPONDENTS: ------------- 1. SECRETARY, THIRUVALLA MUNICIPALITY, POST THIRUVALLA. 2. THIRUVALLA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, POST THIRUVALLA. 3. VARUGHESE THOMAS, S/O.KOSHY THOMAS, KALAIKKATTIL, PANIKKARUVEEDU HOUSE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 4. MONICHAN THOMAS, S/O.KOSHY THOMAS, KALAIKKATTIL, PANIKKARUVEEDU HOUSE, THIRUVALLA, PATHANAMTHITTA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 16009 of 2008 ------------------------------------- Dated: MAY 29, 2008 JUDGMENT Petitioner is the tenant of a building belonging to respondents 3 and 4. It is stated that the building was constructed on the strength of Ext.P4 building permit, but was assigned only a temporary number. 2. On the ground that the building was assigned only temporary number, the licence granted to the petitioner was ordered to be cancelled as per Ext.P5. Aggrieved by Ext.P5, petitioner has filed Ext.P6 appeal along with Ext.P7 stay petition, which are pending consideration of the 2nd respondent. It is stated that in the meanwhile, proceedings are being initiated for the closure of the business establishment of the petitioner in implementation of Ext.P5. It is in this background this writ petition has been filed. 3. The fact remains that the petitioner is a running commercial establishment which is functioning on the strength of WP(C) 16009/08 2 Ext.P5 and if the establishment is to be closed, serious prejudice will be caused to the petitioner. Taking into consideration the contention that the appeal filed is pending, I feel that it is only proper that the appellate authority disposes of Ext.P6 appeal, keeping in abeyance further proceedings in pursuance to Ext.P5. 4. Writ petition is therefore disposed of directing that the 2nd respondent shall dispose of Ext.P6 appeal as expeditiously as possible, and at any rate, within six weeks of production of a copy of this judgment. It is further directed that in the meanwhile all further proceedings pursuant to Ext.P5 will be kept in abeyance. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE mt/-