Sadhir vs. The Mananthavady Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNE AY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941 WP(C).No.24487 OF 2019(I) PETITIONER: SADHIR SON OF KOYAKKUTTY ABBAS, KOCHUVEETTIL KIZHAKKATHIL HOUSE, PRAYAR POST-690 547, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.K.VIJAYAMOHANAN SMT. AISWARYA V.S. RESPONDENTS: 1 THE MANANTHAVADY MUNICIPALITY REPRESENTED BY ITS SECRETARY, MANANTHAVADY POST-670 645, WAYANAD DISTRICT. 2 THE CHAIRMAN, MANANTHAVADY MUNICIPALITY, MANANTHAVADY POST-670 645, WAYANAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.24487 OF 2019(I) 2 JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs: i). To issue a writ of certiorari, order or other appropriate writ quashing Ext.P3 notice as the same is issued with malafides, for oblique motives, in an illegal and arbitrary manner, in violation of the principles of natural justice, offending the provisions under Articles 14, 19 and 21 of the Constitution of India and Rule 22 of the Municipality Licensing Rules, 2011. ii). To declare that the respondent Municipality is estopped from cancelling the license, in the light of Ext.P1 GST Registration, P2 License and the investment made based on the same, without following the due procedure laid down under Rule 22 of the Licensing Rules and for any of the grounds mentioned in the Rules. iii). To issue an interim order staying the operation of Ext.P3 notice and all proceedings in pursuance of Ext.P3 notice, pending disposal of the writ petition.

WP(C).No.24487 OF 2019(I) 3 counsel submitted that already petitioner has secured orders by resorting to the statutory provisions before the Tribunal. Therefore, the writ petition has virtually become infructuous and is dismissed accordingly. All questions of facts and law raised in this writ petition are left open. SHAJI P.CHALY jv JUDGE