The court emphasized the necessity of affording an opportunity of hearing before taking adverse action against the petitioner.

JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to Ext.P.6 and set aside the same by issuing writ in the nature of certiorari;

ii. Writ in the nature of mandamus commanding the second respondent to regularise the occupancy of the petitioner and consider transferring Ext.P.1 permit in favour of the petitioner.

iii. Issue writ in the nature of mandamus commanding the 2nd respondent NOT to demolish the booth held by the petitioner in succession of her deceased brother;

iv. Declare that the petitioner is entitled to hold and have the Both sanctioned to her brother as per Ext.P.1 on priority being the widowed sister of the deceased permit holder;

v. Such other reliefs that the Hon’ble Court deem fit and proper in the facts and circumstances of the case.

vi. Dispense with filing of translation of vernacular documents.

(SIC)

2. Petitioner is aggrieved by Ext.P6 notice issued by the Palakkad Municipality by which the petitioner is directed to remove a Milma Booth. The case of the petitioner is that Ext.P6 is issued without giving an opportunity of hearing to the petitioner.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Municipality.

4. The counsel for the petitioner reiterated the contentions raised in this writ petition. The Standing Counsel for the Municipality takes me through the counter affidavit filed by respondents 1 and 2, and submitted that the Milma Booth was allotted to the brother of the petitioner and after his death, the petitioner is continuing, without getting any permission from the Municipality. The counsel for the petitioner submitted that Ext.P4 is pending before the Municipality for transferring the licence to the petitioner. The petitioner submitted Ext.P7 objection to Ext.P6. If that is the case, there can be a direction to the Municipality to consider Exts.P4 and P7 and till then, the interim order already passed can be directed to continue.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 2^nd respondent is directed to consider Exts.P4 and P7, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.

2. Till final orders are passed, further proceedings based on Ext.P6 shall be kept in abeyance.

sd/-