IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF MAY 2018 / 31ST VAISAKHA, 1940 WP(C).No. 18190 of 2010 PETITIONER(S)

FUTURE VALUE RETAIL LTD., BIG BAZAR, M.G.ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM, REP. BY ITS STORE MANAGER BERNEY SANDI.

BY ADV.SRI.C.P.MOHAMMED NIAS RESPONDENT(S):

1. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM.

2. THE HEALTH OFFICER, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE, THIRUVANANTHAPURAM.

BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE ADV. SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

31.05.2018 APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1: TRUE COPY OF THE NOTICE DATED 25.07.2009 ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONERS.

EXHIBIT P2: TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)NO. 23561/2009 DATED 18.08.2009.

EXHIBIT P3: TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENSE SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT CORPORATION ON 01.02.2010.

EXHIBIT P4: TRUE COPY OF THE LETTER DATED 23.03.2010 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P5: TRUE COPY OF THE REPLY LETTER DATED 17.04.2010 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P6: TRUE COPY OF NOTICE 02.06.2010 ISSUED BY THE SECOND RESPONDENT AND SERVED ON THE PETITIONER ON 09.06.2010.

EXHIBIT P7: TRUE COPY OF THE REPLY SENT BY THE PETITIONER ON 09.06.2010.

EXHIBIT P8: TRUE COPY OF THE APPLICATION FOR RENEWAL OF THE D AND O AND PFA LICENSE DATED 09.06.2010.

RESPONDENT(S)' EXHIBITS :

NIL //TRUE COPY//

P.S.TO JUDGE Msd.

31.05.2018 A.MUHAMED MUSTAQUE, J.

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Dated this the 21st day of May, 2018 JUDGMENT The petitioner approached this Court with the following reliefs:

i. Issue a writ of certiorari or any other appropriate writ order or direction quashing Ext.P6.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider the application submitted for renewal of D and O and PFA license to run the retail store run by the petitioner at Pazhavangadi in Thiruvananthapuram.

iii. Stay all further proceedings pursuant to Ext.P6 by permitting the petitioner to continue to run the business of retail store in building No.1650 (5 to 18) of Revenue Ward No.38 at M.G.Road, Pazhavangadi, Thiruvananthapuram.

iv. Grant such other or further relief as this Hon'ble Court deems fit to grant in the particular facts and circumstances of the case, including cost of these proceedings.

2. There is an interim order in this matter. Anyhow, as of now, the petitioner wants to run the business, certainly, they will have to make an application for fresh or renewal of licence. Admittedly, the petitioner conducted the business on the strength of the interim order from 2010 onwards. If the petitioner makes such application within one month, that shall be considered by the respondent Corporation in accordance with law. No action shall be initiated against the petitioner for a period of one month. If the petitioner had not remitted the licence fee for the past years, certainly, the Corporation shall collect the licence fee for the past years.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE ln