ALEXANDER Vs. MAVELIKKARA MUNICIPALITY

JUDGEMENT

(1.) Ex. P10 order passed by the Tribunal for Local Self Government Institutions is under challenge in this Writ Petition. The petitioner is the owner of a building bearing Door No. VI/142 of the Mavelikara Municipality which was given to the 3rd respondent for conducting fruit/vegetable business by a deed of leave and licence. The 3rd respondent obtained licence from the 1st respondent municipality to conduct the same. Subsequently, he stopped the said business and started restaurant in the premises without obtaining licence from the municipality.

(2.) As the 1st respondent demanded production of consent from the landlord, for considering his request of licence, the same was challenged by the 3rd respondent before the 2nd respondent. But the decision of the Secretary was upheld by the Municipal Council and directed the 3rd respondent to close the restaurant.

(3.) The petitioner further alleges that as the 3rd respondent has not complied with the directions of the municipality, the municipality was constrained to close down the restaurant with the help of the Police. However, the 3rd respondent broke down the locks put by the municipality and approached the Tribunal for Local Self Government Institutions challenging the order of the 2nd respondent.