T RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is aggrieved by Ext.P7 notice issued by the second respondent directing the petitioner to close down the STD booth conducted by him in a room allotted to the petitioner in the shopping complex of the Municipality. The stand of the Municipality is that the licence granted to the petitioner was only to run a textile shop and not the STD booth. According to the petitioner, being a shopping complex, the petitioner had also applied to the BSNL for permission to run STD booth along with the textile shop. One of the main grounds taken by the petitioner is that he was not given an opportunity before the Municipality while passing Ext.P7 order. Since admittedly the petitioner is an allottee of the room in the shopping complex, the petitioner prays that he may be given an opportunity to approach the Municipality for the licence to conduct STD booth also.

(2.) AFTER having heard counsel on both sides, I am of the view that it is only in the interests of justice that the petitioner is given such an opportunity. The writ petition is hence disposed of as follows :- In the event of the petitioner making a fresh application for licence to conduct STD booth in the room allotted to the petitioner within two months from today, the same shall be considered by the second respondent with notice to the petitioner. Till orders are passed as above and subject to the petitioner approaching the second respondent within two months, the interim order dated 21.8.2003 will continue.