IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 OP.No. 34126 of 2001(K) --------------------------------- PETITIONER(S): ---------------------- 1. N.P. SUSEELA, HOTEL SANNIDHAN, NEAR K.S.R.T.C., KANNUR-2. 2. N.P. SANTHOSHKUMAR, HOTEL HIGH PLACE, SADHOO BUILDING, KANNUR-1. * ADDL. PETITIONERS 3 & 4 IMPLEADED ADDL. P3: DR.M.N. GIRISH, MOOLIYIL HOUSE, BEHIND N.S. TALKIES, KANNUR-2. ADDL. P4: M.N. SUNIL, MOOLIYIL HOUSE, BEHIND N.S. TALKIES, KANNUR-2. * ADDL. PETITIONERS IMPLEADED AS PER ORDER DATED 22/02/2006 IN I.A.2634/2006. BY ADV. MR.JOE JOSEPH KOCHIKUNNEL RESPONDENT(S): ------------------------- 1. KANNUR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, KANNUR. 2. MUNICIPAL COUNCIL, KANNUR, REP. BY ITS CHAIRMAN, MUNICIPAL OFFICE, KANNUR. R1 & R2 BY ADV. MR.K.K.CHANDRAN PILLAI SMT.BHASURA VALSVAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ S.SIRI JAGAN, J. ================== O.P.No. 34126 of 2001 ================== Dated this the 25th day of March, 2009 J U D G M E N T Pursuant to my order dated 30.1.2009 directing the Municipality to consider the question of reduction of licence fee payable by the petitioner, the matter was taken up for consideration by the Municipal Council on 18.2.2009 and it has been decided to fix the annual licence fee of the petitioner as Rs.7,500/-, after discussing the matter with the petitioner. Accordingly, the dispute between the petitioner and the Municipality has been amicably settled between the parties. Recording the above settlement, this original petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================== O.P.No. 34126 of 2001 ================== Dated this the 30th day of January, 2009 O R D E R After hearing the matter elaborately, since the Court is of prima facie opinion that the amount now fixed as licence fee is exorbitant and arbitrary, this Court suggested to the counsel appearing for the Municipality that a consensus on the licence fee payable by the petitioner may be arrived at so that the Municipality can avoid refund of similar licence fee collected from other persons, since only the petitioners have come forward to challenge the same, in the event of the original petition being allowed. The counsel for the Municipality submits that the Secretary on his own cannot take a decision in the matter and the decision has to be taken by the Municipal Council. In the above circumstances, I direct the Secretary of the Municipality to place the matter before the Municipal Council in its next meeting. Post after three weeks. 3 sdk+ S.SIRI JAGAN, JUDGE (Hand over a copy of this order to the Standing Counsel appearing for the Municipality) H/O. S.SIRI JAGAN, J. ================ O.P.No. 34126 of 2001-K ================ J U D G M E N T 25th March, 2009