IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WA.No. 66 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25517/2008 Dated 04/12/2008 .................... APPELLANT(S): IN W.A. REVIEW PETITIONER IN RP. NOT A PARTY TO W.P. ------------------------ R.REMADEVI, W/O. V.RADHAKRISHNA PILLAI, 102, UPASANA NAGAR NEAR S.S.M. HOSPITAL, KOLLAM 691 001. BY ADV. SRI.K.JAYAKUMAR RESPONDENT(S): IN W.A. RESPONDENTS IN RP. PETITIONER AND RESPONDENT -------------------------- IN W.P. 1. R.MADHAVA KUMAR PUTHEN VEEDU, TASS ROAD, ALUVA, PIN 683 101 2. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,REPRESENTED BY ITS SECRETARY BARTON HILL BUNGALOW, KUNNUKUZHI, VANCHIYOOR PO THIRUVANANTHAPURAM 695 035. 3. ALUVA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE ALUVA, PIN 683 101. 4. THE SECRETARY ALUVA MUNICIPALITY, MUNICIPAL OFFICE ALUVA, ALUVA, PIN 683 101. 5. T.K.JOHN S/O.KURIAN, THOPPIL HOUSE, RAIL ROAD, ALUVA, ERNAKULAM DISTRICT 683 101. ADV. SRI.V.M.KURIAN, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.A.No.66 of 2009 ------------------------------------- Dated 9th January, 2009 JUDGMENT Koshy, Ag.C.J . First respondent in the appeal applied for a license for Lorry pay and park business. On the basis of the complaints, the Municipality issued Ext.P3 order stopping the business of pay and park in the above property. He filed Ext.P4 application for staying the same. Municipality appointed a sub-committee to decide the issue and also decided not to consider the application till sub-committee's report is received. Ombudsman interfered in the matter and directed the Municipality to implead the first respondent R.Madhava Kumar and directed him to be present on the posting date of 4.9.2008. First respondent appeared and moved for an early hearing. Meanwhile, since pay and park was functioning without licence, Ombudsman issued stay of continuance of pay and park business as no licence was issued. Learned Judge held that there is a deemed valid licence under Section 492(15) of the Kerala Municipality Act as the application was not disposed of within the time prescribed under the Act. Appellant who was not a party to the writ petition, filed a review petition and it was also dismissed on merit. It is the contention of the appellant that W.A.66/2009 2 no licence was issued, but, application for licence was under consideration and sub-committee was already appointed and Municipality is awaiting report of the sub-committee. The decision to appoint sub-committee was taken in March, 2008. It is also submitted that there are civil disputes between the parties regarding the right of way to the property. We are not expressing any opinion regarding the civil disputes. Municipality should hear both sides and pass appropriate orders within 10 days from today. If the sub-committee cannot report for one year, we cannot expect any result. Both parties should be heard and Municipality should take a decision. If report of the sub-committee is obtained before the hearing date, that also should be considered. In one way or other, the matter should be decided within 10 days and a copy of the same should be filed before this court. The impugned judgment declaring deemed licence will be valid only till Municipality takes decision according to law and the decision of the Municipality will be valid from that date onwards. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE tks