SUNNY YOHANNAN Vs. CHENGANNOR MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner, who is stated to be a licensee of Shop No.4 in the Municipal Bus Stand Shopping Complex of the 1st respondent Municipality, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P19 notice dated 19.03.2019 issued by the 2nd respondent, who is the Secretary of the 1st respondent Municipality, whereby the petitioner has been directed to remit a sum of Rs.6,256/- towards arrears of licence fee and a further sum of Rs.3,40,000/- towards additional security deposit, since the security deposit already made by the petitioner is only for a sum of Rs.35,000/-. The petitioner has also sought for a declaration that he cannot be compelled to deposit additional security deposit evidenced by Ext.P19, without any genuine reason. The further relief sought for is a writ of mandamus commanding the 1st respondent Municipality to hand over the key of Shop Room No.4, forthwith, so as to start business, as he desires for his earning, and also directing the 2nd respondent to consider the trade licence application, if any, submitted by the petitioner after allotting the room, within a time limit to be fixed by this Court.

(2.) On 28.03.2019, when this writ petition came up for admission, the learned counsel for the petitioner sought adjournment. The learned Standing Counsel for Municipality sought time to get instructions.

(3.) Heard the learned counsel for the petitioner and also the learned Standing Counsel for the Municipality representing respondents 1 and 2.