KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD Vs. MALAPPRAM MUNICIPALITY REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) PETITIONER is a Co-operative Society . The society has Fl-1 shops at various places. One of such shop is situated within the jurisdiction of the respondent Municipality. By Ext.P5 communication dated

(2.) 7.2012, they have been asked to close down the shop within 24 hours. This according to the petitioner, is on the basis that they have not obtained licence under Section 447 of the Kerala Municipality Act. Ext.P5 also refers to a decision of the Municipal Council. 2. Under Section 509 of the Municipality Act such a decision of the Municipality which is communicated by Ext.P5 is appealable to the Tribunal for Local Self Government Institutions. In this writ petition petitioner contends that the implementation of Ext.P5 should be kept in abeyance for a short period, in order to enable them to pursue their appellate remedy before the Tribunal.

(3.) TAKING note of this and having regard to the fact that the petitioner's outlet is a running establishment and also the fact that the 24 hours time given in Ext.P5 is too short for pursuing the legal remedies that are available, I direct that Ext.P5 will stand suspended for a period of 10 days from today. In the meanwhile, it will be open to the petitioner to pursue the remedies that are available to them against Ext.P5 and obtain appropriate interlocutory orders safeguarding their interests. Writ Petition is disposed of as above.