High Court of KeralaWP(C)/35098/2015disposed of

Sudheer M P v. Tripunithura Municipality

2015-11-20Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WP(C).No. 35098 of 2015 (J) ---------------------------- PETITIONER(S)/PETITIONER:

---------------- SUDHEER M.P, AGED 45 YEARS, S/O.LATE PURUSHOTHAMAN, MADIYAPARAMBIL HOUSE TRIPUNITHURA.P.O, ERNAKULAM DISTRICT, PIN-682031. BY ADVS.SRI.C.M.NAZAR SRI.MANSOOR.B.H.

RESPONDENT(S)/RESPONDENTS:

------------------

1. TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE, TRIPUNITHURA-682031 REPRESENTED BY ITS SECRETARY.

2. SECRETARY, TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE TRIPUNITHURA, ERNAKULAM DISTRICT-682031.

R BY SRI.V.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35098 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 6/9/2013 FOR THE PERIOD 2012-13 AN 2013-14.

P2 TRUE COPY OF THE NOTICE DATED 17/11/2015 BEARING FILE NO:PH13403/2010 ISSUED BY THE SECOND RESPONDENT P3 A TRUE COPY OF THE REPLY DATED 18/11/2011 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT WITH RECEIPT. RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.35098 of 2015 --------------------- Dated this the 20th day of November, 2015

J U D G M E N T

The petitioner has filed Ext.P3 objection to Ext.P2 closure notice issued by the second respondent. Such notice was issued on the premise that the petitioner has not procured the D & O licence to conduct trade. It appears that the father of the petitioner was the erstwhile licensee who was conducting the business in the premises.

2. The petitioner adds that the dispute between all the legal heirs of the licensee has since been settled. The petitioner also undertakes to produce the consent from all the legal heirs of the deceased assessee. Such consent along with a fresh application for D & O licence shall be made by the petitioner with the second respondent.

3. The second respondent shall consider Ext.P3 objection as well as the fresh application if any for licence. The same shall be done within a period of one month from the date of receipt of a copy of this judgment. Ext.P2 closure notice shall not be enforced

WP(C) No.35098 of 2015 till orders are passed as directed above.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/19.11.15