K.P.HARIDAS,MANAGING DIRECTOR Vs. MALAPPURAM MUNICIPALITY

JUDGEMENT

(1.) THE limited relief sought for by the petitioner in this Writ Petition is for a breathing time to move a stay petition before the Tribunal for Local Self Government Institutions, Thiruvananthapuram in Appeal No.119/2013, which has already been filed by the petitioner. The appeal has been filed challenging Exhibit P11 order, rejecting an application for licence submitted by the petitioner under Section 447 of the Kerala Municipality Act, 1994. The order of the Council rejecting the application has not been communicated. During the pendency of the said appeal, Exhibit P13 proceedings have been issued by the

(2.) ND respondent ordering closure of the petitioner's bar attached hotel. The order is dated 4.2.2013. It is submitted that the Tribunal is not sitting for a few days. Therefore, the petitioner seeks the issue of an interim order to be in force during the interregnum, within which time, the petitioner would approach the Tribunal for the grant of a suitable interim order. 2. Adv.Shri ESM Kabir, who appears for the respondents opposes the contentions of the petitioner on the ground that the petitioner has already availed the alternative remedy of filing a statutory appeal. Since the main issue is pending consideration of the Tribunal, it is only proper that the petitioner moves the said authority for the grant of an interim order.

(3.) FOR the above reasons, it is pointed out that the petitioner is at a considerable disadvantage in challenging the orders passed against him. Therefore, he seeks the indulgence of this Court to grant an order of stay of Exhibit P13, for the limited purpose of facilitating him to move the Tribunal for Local Self Government Institutions, for appropriate interim orders. The learned counsel also presses into service the judgment of this Court dated 1.1.2013 in W.P.(C)No.31457/12.