N.M Hassainar Vs. the Secretary - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE28H DAY OF MAY20147TH JYAISHTA, 1936 WP(C).No. 8286 of 2014 (I) --------------------------- PETITIONER: ------------- N.M HASSAINAR, AGED47YEARS S/O.N.V.MOHAMMED, NARANGATHUMOOLA, CHITTHETHUKARA, KAKKANAD682030. BY ADVS.SRI.BIJU MARTIN SRI.D.M.NOWFAL SRI.M.M.SALIM RESPONDENTS: ----------------- 1. THE SECRETARY THRIKKAKARA MUNICIPALITY, KAKKANAD682030.

2. MUNICIPAL CHAIRMAN THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, KAKKANAD, KOCHI682030. R1-R2 BY ADV. SRI.LEGY ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH W.P.(C)NOS.8287 & 8288 OF2014ON2805-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8286 of 2014 (I) --------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------------- EXHIBIT P1. COPY OF THE LICENCE APPLICATION ALONG WITH THE COPY OF THE RECEIPT ISSUED BY THE MUNICIPALITY. EXHIBIT P2. COPY OF THE ORDER

NO.H1-2900/14 DATED222.14 ISSUED BY IST RESPONDENT. EXHIBIT P3. COPY OF THE APPEAL DATED43.14 WITHOUT ANNEXURE. EXHIBIT P3(a).COPY OF THE STAY PETITION. EXHIBIT P4. COPY OF THE ORDER

IN WPC78392014 DATED1903.14. RESPONDENTS' EXHIBITS : NIL ---------------------------- // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J.

--------------------------------------------- W.P.(C)Nos.8286, 8287 & 8288 of 2014 ---------------------------------------------- Dated 28th May, 2014 JUDGMENT

The petitioners in these writ petitions are having common grievances against a common respondent viz., Thrikkakkara Municipality. In the said circumstances, these writ petitions are taken up for joint hearing and disposal. The petitioners are conducting shops in the building owned by Nusrathul Islam Jama-ath. The petitioner in W.P.(C)No.8286 of 2014 is conducting business of stationery, plastic, aluminium and other items in shop room bearing No.XIV/171 C, the petitioner in W.P.(C)No.8287 of 2014 is conducting a leather shop in shop room bearing No.XIV/171 H and the petitioner in W.P.(C)No.8288 of 2014 is conducting sale and service of Mobile Phones and accessories in shop room bearing No.XIV/171 J.

They are conducting the said businesses in the aforesaid shop rooms after obtaining necessary licence from the Municipality. Admittedly, the petitioners submitted applications for renewal of the existing licence, for the period 2014- 2015. The grievance of the petitioners is that the first respondent considered the applications and rejected them taking note of the objections raised by the Landlord viz., Nusrathul Islam Jama-ath. The WP(C).No.8286, 8287 & 8288/2014 2 said applications were rejected by the first respondent by a common order bearing No.H1-2900/14 dated 22.2.2014 which is produced as Ext.P2 in these writ petitions. Aggrieved by the said order passed by the first respondent the petitioners preferred appeals before the second respondent. Along with the appeals they have also filed petitions for staying the operation and implementation of the order passed by the first respondent. The said appeals and stay petitions are produced respectively as Exts.P3 and P3(a) in all these writ petitions. The learned counsel appearing for the petitioners submitted that these writ petitions can be disposed of with a direction to the second respondent to consider and pass orders on Ext.P3 appeals and Ext.P3(a) stay petitions expeditiously. Evidently, the Secretary of Nusrathul Islam Jama-ath, Chittethukara has been arrayed as second respondent in the appeals preferred by the petitioners before the second respondent. However, the petitioners have not chosen to array the said respondent as party in these writ petitions. I do not think it necessary to look into the question whether he is a necessary party in these writ petitions in view of the order I propose to pass in these writ petitions taking note of the pendency of Exts.P3 appeals and P3(a) stay petitions before the second respondent. These writ petitions are disposed of with a direction to the WP(C).No.8286, 8287 & 8288/2014 3 second respondent to consider Ext.P3 appeals preferred by the petitioners expeditiously, at any rate, within a period of six weeks from the date of receipt of copy of this judgment. Needless to say that before passing orders thereon the second respondent in those appeals viz., the Secretary, Nusrathul Islam Jama-ath, shall also be put on notice. Till orders are passed on the appeals no coercive steps pursuant to the impugned orders shall be taken by the respondents. It is made clear that this Court has not made any observation as to the merits of the claims and contentions of the petitioners. Sd/- C.T.RAVIKUMAR Judge TKS