MANNARKKAD MUNICIPALITY Vs. ABDUL GAFOOR

JUDGEMENT

(1.) This appeal is filed by the Mannarkkad Municipality, the Secretary, and the Municipal Council, respondents 1 to 3 in W. P. (C) No. 15304 of 2022 challenging the interim order passed by the learned Single Judge dtd. 8/8/2022. The issues raised in the writ petition is in respect of a grant made by the Municipal Council for starting a private market subject to the compliance of the conditions prescribed therein as per Sec. 460, and the consequential provisions of the Kerala Municipality Act 1994, and according to the writ petitioners the unreasonable conditions incorporated to issue the grant is the outcome of the uncanalised power conferred on the Council under the Act, 1994, and therefore bad, illegal and unconstitutional. After considering the rival submissions, the learned Single Judge has passed the following interim order:

(2.) It is thus challenging the legality and correctness of the interim order the appeal is preferred.

(3.) Petitioner has filed the writ petition challenging Ext. P19 resolution of the Municipal Council dtd. 28/2/2022 whereby the writ petitioner / 1st respondent was informed that he has not complied with the directions for basic infrastructure to open and conduct a private market; and Ext. P20 notice issued by the Secretary of the Municipality dtd. 2/3/2022 rejecting the application for license stating that the petitioner has not complied with the order passed under Sec. 460(3) and 463 of the Kerala Municipality Act, 1994. Ext. P19 resolution of the Municipal Council dtd. 28/2/2022 is extracted hereunder:-