M HASSAN KUNJU Vs. ALAPPUZHA MUNICIPALITY

JUDGEMENT

(1.) W.P.C.No.27681/06 has been filed by one P.R.Shihab complaining that in spite of production of all the concerned certificates, the Municipality is not issuing licence to him for the conduct of a chicken stall. W.P.C.No.27595/06 is filed by one M.Hassan Kunju who describes himself as the President of Markaz Masjid, Allapuzha complaining that in spite of Ext.P1 representation submitted by him and several others, the Municipality is going ahead with its decision to issue licence to Sri.Shihab. I am now informed that after notice was issued in W.P.C.No.27595/06, the Municipality has issued licence to Shihab. The Municipality has produced Ext.R1(a) consent letter issued by the Secretary, Karkazul-Uloomil Islamiya Trust of whose President Hassan Kunju claims to be. The statement filed by the Municipality shows that the Municipality not only took into account Ext.R1(a) but also conducted necessary inspections before issuing licence to Sri.Shihab.

(2.) Heard counsel on both sides.

(3.) Mr.Shanavas Khan, learned counsel for the petitioner in W.P.C.No.27595/06 submitted that it was during the pendency of Ext.P1 that the Municipality issued licence to Sri.Shihab ignoring Ext.P1. Learned counsel therefore requested that the right of the petitioner in W.P.C.No.27595/06 to go in for appeal against the order be reserved. That request, according to me, is reasonable. Accordingly, I dispose of W.P.C.No.27681/06 as having become infructuous and W.P.C.No.27595/06 without granting any relief to the petitioner, but reserving the petitioner's right to go in for appeal against the order.