Writ petitions allow for aggrieved parties to seek redress regarding administrative actions and ensure due process rights are upheld.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i) Issue a Writ of certiorari or any other appropriate writ, order or direction to quash Ext. P14 order passed by the 2^nd respondent;

ii) Any other appropriate writ, order or direction as this Hon’ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs. iii) It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition. "

[SIC]

2. The petitioner is a small-scale trader conducting vegetables and fish shop by the name ‘Orange Traders’ in the 1^st respondent Municipality with a valid license issued by the 2^nd respondent having a validity of submission. On 18.03.2024, Ext.P3 complaint was filed by the 4^th respondent and others alleging that the petitioner’s fish stall was causing severe pollution and discomfort. Pursuant to which a Health Inspector examined the shop and its surroundings. It is the case of the petitioner that no irregularity was detected. Subsequently, the 2^nd respondent issued a notice requiring them to close down the shop alleging unauthorised construction made by the petitioner to the shop, is the submission. Ext.P14 is the notice. Hence this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Municipality, the learned Standing Counsel appearing for the 3^rd respondent and the learned counsel appearing for the

4^th respondent.

4. This Court perused Ext.P14 proceedings of the Municipality. The main contention of the petitioner is that Ext.P14 is an order passed without a provisional order. It is also the case of the petitioner that, sufficient opportunity of hearing was not given to the petitioner. When this Writ Petition came up for consideration before this Court on

11.06.2024, this Court passed the following order:

“Sri. P.A. Mohammed Shah, learned Standing Counsel takes notice for respondents 1 and 2. Sri. T. Naveen, learned Standing Counsel takes notice for the 3^rd respondent. Issue notice by speed post to the 4^th respondent. There will be an interim order as prayed for, for a period of one month. Post on 11.07.2024.”

5. The above interim order was extended regularly, and even now it is in force. I am of the considered opinion that this Writ Petition need not be retained here. The petitioner can be allowed to file a representation narrating his grievance raised in this Writ Petition before the Municipality and there can be a direction to consider the same with notice to the petitioner and the 4^th respondent.

Till then the interim order can be allowed to continue.

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

1. The petitioner is free to submit a representation narrating his grievance raised in this Writ Petition before the 2^nd respondent, within a period of three weeks from the date of receipt of a certified copy of this judgment.

2. If such a representation is received, the 2^nd respondent will consider the same and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner and the 4^th respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the representation.

3. If the representation is submitted as directed above, further proceedings based on Ext.P14 shall be kept in abeyance.

4. I make it clear that, during the above period, the petitioner shall see that he is conducting the business strictly in accordance with Ext.P1 license, and in the premises where he is allowed to do the business.

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