The court mandates municipalities to consider license renewal applications promptly, respecting previously established legal principles.

JUDGMENT

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

"i. To call for the records leading to the issuance of Ext P9 order and to issue a writ of certiorari or such other writ and to set aside Ext P9 order. "

[SIC]

2. The Writ Petition is filed challenging Ext.P9 order passed by the 2^nd respondent by which the IFTE & OS license issued to the petitioner has been revoked by invoking Section

492(9) of the Kerala Municipality Act , 1994.

3. When this Writ Petition came up for consideration before this Court on 30.05.2024, this Court stayed further proceedings based on Ext.P9 for a period of one month. That interim order was extended regularly. Now, about 1½ years elapsed. In such circumstances, I am of the considered opinion that the interim order need not be extended indefinitely. The petitioner can file a fresh application for renewal of the license, and if such an application is filed, there can be a direction to consider the same in the light of the principle laid down by the Apex Court in Sudhakaran v. Corporation of Trivandrum and another [2016 (3) KHC 803] , within a time frame. The status quo as on today can be continued till final orders are passed in the renewal application.

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

1. The petitioner is free to file a renewal application 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 an application is received, the 2^nd respondent will consider the same and pass appropriate orders in it in the light of the principle laid down by this Court in Sudhakaran’s case (supra), as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of the renewal application.

3. If the renewal application is filed as directed above, no coercive steps shall be taken against the petitioner till final orders are passed in the renewal application.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

15.02.2023 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT NO. 4 EXHIBIT P2 A COPY OF THE LICENSE DATED 18.12.2020 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO THE PETITIONER EXHIBIT P3 A COPY OF THE NOTARY ATTESTED CONSENT LETTER ISSUED BY THE RESPONDENT NO. 3 TO 5 IN FAVOUR OF THE PETITIONER EXHIBIT P4 A COPY OF THE ACKNOWLEDGEMENT RECEIPT OF THE APPLICATION DATED 21.03.2022 BY THE 1ST RESPONDENT EXHIBIT P5 A COPY OF THE RECEIPT NO.1220002507/M110100 DATED 28.02.2023 ISSUED BY THE 1ST RESPONDENT EXHIBIT P6 A COPY OF THE AD INTERIM INJUNCTION ORDER DATED 17.01.2024 IN OS 4/2004 OF THE SUB COURT VATAKARA EXHIBIT P7 A COPY OF THE NOTICE DATED 12.02.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P 8 A COPY OF THE NOTICE DATED 7.03.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 A COPY OF THE ORDER DATED 13.05.2024 PASSED BY THE RESPONDENT NO.2