IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 12^TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 WP(C) NO. 13482 OF 2023 PETITIONERS:

1 THE SECRETARY, THRISSUR DISTRICT MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD., REG. NO. 1164 ROOM NO. S18, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

2 JOPHY MATHEW .C AGED 52 YEARS S/O. C J MATHEW, ROOM NO. S8, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

3 MANIKANDAN A.C AGED 37 YEARS S/O. CHANDRAN, ROOM NO. S31, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

4 JISSO GEORGE .N AGED 50 YEARS, S/O. GEORGE, ROOM NO. S28, FIRST FLOOR, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

5 K.T. VASUDEVAN AGED 67 YEARS S/O. TACHU, ROOM NO. S6, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

6 K.V. VINEESH AGED 48 YEARS S/O. VELAYUDHAN, ROOM NO. S27, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

7 P.V.SUDHEESH AGED 46 YEARS S/O. VASU, ROOM NO. S19, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

8 K.A.VENUGOPAL AGED 58 YEARS S/O. APPUKKUTTY, ROOM NO. S7, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

9 SHEEJA SIVADAS AGED 56 YEARS D/O. APPUKKUTTY, ROOM NO. S2, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

10 BETTY JOSE AGED 50 YEARS W/O. JOSE, ROOM NO. S3, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

11 BIJU .P,M AGED 43 YEARS S/O. P K MANI, ROOM NOS. S44 AND S45, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

12 SHERLI BABU AGED 52 YEARS W/O. BABU, ROOM NO. S9 SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001

13 BIJOY PRASAD AGED 47 YEARS S/O. TAVANILATH ACHUTAN, ROOM NO. S33, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001 BY ADVS.

K.B.GANGESH SMITHA CHATHANARAMBATH ATHIRA A.MENON RESPONDENTS:

1 CORPORATION OF THRISSUR REP. BY ITS SECRETARY, THRISSUR, PIN - 680001

2 THE SECRETARY CORPORATION OF THRISSUR, THRISSUR, PIN - 680001 SRI.SANTHOSH P.PODUVAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 12^th day of April, 2023 This writ petition is filed seeking the following prayers:

“(i) a Writ of mandamus or any other appropriate writ, order or direction commanding the respondents to consider Ext.P2 request preferred by the petitioners on merits and provide adequate reliefs to them as prayed for therein;

(ii) a Writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to refuse trade licences to the petitioners on account of non payment of enhanced licence fee with penal interest with effect from January 2022 and not to take any other coercive action against the petitioners for non payment of arrears as aforesaid in respect of their respective shop rooms leased out from the 1^st respondent till a final decision is arrived at by the respondents in Ext. P2 and other identical requests pending before them.

2. Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioners that the petitioners are licensees of various rooms in the building that belong to the respondent Corporation. It is submitted that a revision of licence fee has been effected retrospectively and notice has been issued to the tenants for payment of the revised licence fee with interest from January, 2022. The petitioners preferred Ext.P2 representation seeking deferring of enhancement of licence fee by five years as also seeking withdrawal of the retrospective effect to the enhancement.

4. Having considered the contentions advanced, I am of the opinion that the representation submitted by the petitioners is liable to be considered in accordance with la