REENA KURIAN Vs. PERUMBAVOOR MUNICIPALITY MUNICIPAL OFFICE

JUDGEMENT

(1.) This writ petition has been filed by petitioners 1 and 2 asserting that they are partners of the 3rd the petitioner-M/s Choice Gold Finance and they impugn Exts.P12 and P13, as per which, the Municipality has asked them to stop their money lending business. The petitioners say that Exts.P12 and P13 orders of the Municipality are vitiated and therefore, illegal and unlawful; and consequently pray that the same be set aside and they be allowed to continue with their business.

(2.) The learned Counsel appearing for the 3rd respondent says that his client is the owner of the building in question where the business is being carried on by the petitioners and that he has objected to the Municipality against them continuing the business for various reasons. He says that the primary among them is that the licence obtained by the 2nd petitioner from the Commercial Taxes Department, Government of Kerala, namely Ext.P4, has expired as early as on 01/03/2019 and for the other that instead of the 2nd petitioner conducting the business, he has sublet the building to the 3rd petitioner, which is stated to be a partnership firm in which he is also a partner, and that the said firm is illegally conducting the business on the strength of Ext.P4 licence. The learned counsel says that the activities of the petitioners, therefore, are illegal and that the Secretary of the Municipality was right in issuing Exts.P12 and P13 orders.

(3.) The learned Standing Counsel for the Municipality submits that, as is evident from Exts.P12 and P13, the Petitioners have clearly informed that a commercial activity in the building in question can be conducted only with the permission of the 3rd respondent and that too, on the strength of all valid licences and consents He says that the Trade Licence for the petitioners has not been issued or renewed and therefore, that they have been notified through Ext.P13 that any continuation of their business in the property in question will be at their risk and cost. He, therefore, prays that this writ petition be dismissed.