Shihabudheen Ibnu Sayed M.P. vs Ramanattukara Municipality Parammal Road, Ramanattukara, Kozhikode District 673362

P.V.Kunhikrishnan, J

This writ petition is filed with following prayers :

“1. Issue a writ of mandamus or any other appropriate writ or direction or order directing the second respondent to consider and pass orders in exhibit P6 application after conducting physical inspection on the premisses which the petition took the same on rent from the fourth respondent.

Direct the second respondent to take appropriate action against the fifth respondent who obtained renewed license by plying fraud and to cancel the license if any issued to the fifth respondent.

Issue any other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case.”[SIC]

The grievance of the petitioner is that even though Ext.P6 application is filed for getting license to conduct a coolbar/bakery/stationery/mobile and photostat shop, the same is not considered. According to the petitioner, the same was filed on 23.9.2021 and no orders are passed. It is stated that the Municipality issued Ext.P7 in which it is stated that a license is issued to one Yunus K.T for conducting business in room No.7/952 (Old No.3/677). According to the petitioner, he is conducting the business and not Mr.Yunus K.T.

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos.1 to 3. I also heard the learned counsel appearing for respondent Nos. 4 and 5.

It is an admitted fact that Ext.P6 application for license is pending before the Panchayat. According to the Panchayat, another person is conducting business in room No.7/952 and it is the 5th respondent. Hence Ext.P6 was not considered. But the petitioner says that he is conducting the business and if an inspection is conducted by the Panchayat authorities, the same will be clear. I do not want to decide this issue. Since Ext.P6 application is pending before the Municipality, there can be a direction to the Municipality to consider the same, after giving an opportunity of hearing to the petitioner and respondent Nos. 4 and 5. Before passing orders, the officers of the Municipality will inspect the premises with notice to the petitioner and respondent Nos. 4 and 5.

Therefore, this writ petition is disposed of with the following directions :

The 2nd respondent is directed to consider Ext.P6 application, after giving an opportunity of hearing to the petitioner and respondent Nos.4 and 5 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

Before passing final orders in Ext.P6 application, the 2nd respondent or his authorised officer will inspect the shop in question and the inspection report also will be considered while deciding Ext.P6 application.