KISHOR SEBASTIAN Vs. PALA MUNICIPALITY

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who is conducting a Hotel, Restaurant and Bar in the building owned by the 1st respondent Municipality, seeking to quash Exts.P5 and P6, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is running a Hotel, Restaurant and Bar in building No.530 of Ward No.17 of Pala Municipality. During January, 2014, the officers of the respondent Municipality conducted an inspection in the premises and alleged that waste water from the premises was pumped into the Meenachil River, and accordingly the hotel was closed on 18.01.2014. Petitioner challenged the said action before this Court by filing W.P.(C) No.1944 of 2014, and as per the interim order dated 05.02.2014, petitioner was permitted to conduct the hotel. Thereafter, as per Ext.P4 judgment, the writ petition was disposed of, in the light of the resolution passed by the respondents to renew the licence of the petitioner, on 03.05.2014. But, subsequently, on a complaint dated 28.08.2014, filed by a stranger, a resolution is taken by the Council on 29.08.2014 to renew the licence only on condition that the alleged unauthorized construction carried out by the petitioner is removed. It is thus challenging the said resolution and the notice dated 03.09.2014, this writ petition is filed.

(3.) I have heard learned Senior Counsel for the petitioner and the learned Standing Counsel appearing for the Municipality and perused the pleadings and the documents on record.