IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 14149 of 2008(H) --------------------------------------- PETITIONER: ------------------- M.M.GEORGE, MAMMOOTTIL HOUSE, CHERUVALLOOR MURI, CHERIYANNADU VILLAGE, CHENGANOOR. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL. RESPONDENTS: ----------------------- 1. CHENGANOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL COMPLEX, CHENGANOOR. 2. SECRETARY, CHENGANOOR MUNICIPALITY, CHENGANNUR. 3. ALEYAMMA JOHN, KALEEKALPADI PUTHENVEETTIL GRACE BHAVAN, ANGADICKAL THEKKU MURI, CHENGANOOR VILLAGE. R1 & R2 BY ADV. SRI.S.HARIKRISHNAN, S.C, R3 BY ADV. SRI.O.D.SIVADAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14149/2008-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENCE ISSUED BY THE R.1. FOR THE YEAR 2006-2007. EXT.P.2: COPY OF THE COMMON ORDER DTD. 19/12/07 IN I.A. NO. 2105/07 AND I.A. NO. 2116/07. EXT.P.3: COPY OF THE NOTICE DTD. 21/01/08 ISSUED BY THE R.2. EXT.P.4: COPY OF THE REPLY DTD. 21/02/08. EXT.P.5: COPY OF THE APPLICATION DTD. 18/02/08 FOR RENEWAL OF LICENCE. EXT.P.6: COPY OF THE JUDGMENT DTD. 14/03/08 IN W.P.(C). NO. 8370/08. EXT.P.7: COPY OF THE ORDER DTD. 18/04/08 OF THE R.2. EXT.P.8: COPY OF THE AGREEMENT DTD. 15/05/04 WRITTEN BY MANOJ P. JOHN. EXT.P.9: COPY OF THE I.A. NO. 664/2008 IN O.S. NO. 84/2008 OF MUNSIFF'S COURT, CHENGANNOOR. EXT.P.10: COPY OF THE I.A. NO. 665/2008 IN O.S. NO. 84/2008 OF MUNSIFF'S COURT, CHENGANNUR. EXT.P.11 (A TO C): COPY OF THE LICENCE FEE RECEIPTS ISSUED BY THE R.1. DURING THE YEARS 2005, 2006 AND 2007. EXT.P.12 (A TO D): COPY OF THE PROFESSIONAL TAX RECEIPTS ISSUED TO THE PETITIONER FROM THE R.1. MUNCIPALITY. EXT.P.13: COPY OF THE SSI REGISTRATIONCERTIFICATE BEARING NO. 1553/99. EXT.P.14: COPY OF THE COMMISSIONER'S REPORT IN O.S. NO. 369/07 OF THE MUNSIFF'S COURT, CHENGANNUR. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE ORDER DTD. 01/03/2008 IN I.A. NO. 374/08 IN O.S. NO. 84/08 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, CHENGANNUR. //TRUE COPY// prv. ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 14149 of 2008 -------------------------------------------------------- Dated: JULY 17, 2008 JUDGMENT The challenge in this writ petition is against Ext.P7. 2. Ext.P7 is an order passed by the respondent Municipality rejecting Ext.P5 application submitted by the petitioner for renewal of D & O Licence which he had for conducting a tyre retreading unit in the premises belonging to the 3rd respondent. It is submitted by the learned counsel for the 3rd respondent that she is the power-of-attorney holder of her son who is the actual owner. A reading of Ext.P7 order of the Municipality shows that the Municipality has not considered Ext.P5 application for the reason that by Ext.R1(a) order passed by the Munsiff's Court, Chengannur in I.A.No.374/2008 in O.S.84/2008, the Munsiff's Court has passed an order of injunction restraining the Municipality from renewing the licence of the petitioner. Admittedly, Ext.R1(a) order has been passed by the Munsiff''s Court and the order still remains in force. If that be so, the Municipality is bound to obey that order and hence cannot be faulted for declining to renew the licence. WP(C) 14149/08 2 3. Learned counsel for the petitioner submits that though the order is not to renew his licence, he was not impleaded as a party in O.S.84/2008 in which Ext.R1(a) order was passed. He also submits that subsequently he has got himself impleaded in the suit as additional 2nd defendant and that his objection to I.A.374/2008 is now posted for hearing. In view of the above, the only order that can be passed in this case is that once the Munsiff's Court passes final orders in I.A.374/2008 after considering the objections of the petitioner, if circumstances warrant, the Municipality shall, on production of a copy of the said order, reconsider Ext.P7 with notice to the petitioner and the 3rd respondent. 4. Admittedly, the petitioner is conducting a tyre retreading unit in the premises in question. By Ext.P2 order, the landlord also has been restrained from evicting the petitioner and that order is also in force. Learned counsel for the petitioner apprehends that taking advantage of the situation that there is no similar order binding the Municipality, attempt may be made to disturb his possession. In order to take care of this apprehension and taking note of the fact that Ext.P2 order is WP(C) 14149/08 3 still in force, it is directed that until the Munsiff's Court passes order in IA 374/2008 in OS 84/2008, status quo as on date in so far as the petitioner's possession of the premises is concerned, shall be maintained. 5. It is directed that the petitioner as also the 3rd respondent will be at liberty to move the Munsiff's Court, Chengannur for an expeditious disposal of IA 374/2008 in OS 84/2008. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-