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 MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WA.No. 2452 of 2008() --------------------- ---------- AGAINST THE JUDGEMENT/ORDER IN RP.1051/2008 .................... APPELLANT(S): IN R.P.- RESPONDENT NO.4 IN W.P. ----------------------- T.K.JOHN, S/O.KURIAN, THOPPIL HOUSE RAIL ROAD, ALUVA, ERNAKULAM PIN-683101. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENT(S): IN W.A. - RESPONDENTS IN R.P. PETITIONER AND ---------------------- RESPONDENTS 1 TO 3 IN W.P. 1. R.MADHAVA KUMAR, PUTHEN VEEDU, TASS ROAD, ALUVA, PIN-683101. 2. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, REP. BY ITS SECRETARY, BARTON HILL, BUNGALOW, KUNNUKUZHI, VANCHIYOOR PO. THIRUVANANTHAPURAM-695035. 3. ALUVA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, ALUVA, PIN-683101. 4. SECRETARY, ALUVA MUNICIPALITY, MUNICIPAL OFFICE, ALUVA-683101. ADV. SRI.V.M.KURIAN FOR R3,4 BY GOVERNMENT PLEADER SMT.K.MEERA ` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.A.No.2452 of 2008 ------------------------------------- Dated 5th January, 2009 JUDGMENT Koshy, Ag.C.J . First respondent applied for a license for Lorry pay and park business. On the basis of the complaint by the appellant, 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 in the impugned judgment held that there is a deemed valid licence as the application was not disposed of within the time prescribed under the Act. It is the contention of the appellant that no licence was issued, but, application for licence was under consideration and sub- committee was already appointed and Municipality is awaiting report of W.A.2452/2008 2 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