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2026 Supreme(Online)(Ker) 13268

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
CHRISTY TRESSA GEORGE – Appellant
Versus
TRIVANDRUM CORPORATION – Respondent
WP(C) NO. 14296 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.DINOOP P.D., SHRI.M.R.SUDHEENDRAN, SRI.S.I.SHAH, SMT.SARITHA NANDANAN
For the Respondents: SRI.SUMAN CHAKRAVARTHY, SRI.C.P.SAJI, SRI.SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION, SMT.P.DEEPTHI

Due process must be followed when issuing business closure notices, allowing for objections as stipulated in relevant rules.

Headnote:This judgment addresses the challenge against a directive by the Corporation to shut down a business based on the claim of a final order without prior notice. The core issue analyzed is whether the order constituted a show cause notice under the IFTE & OS Rules, 2011. The court allows the petitioner to submit objections related to Ext.P4 within three weeks to ensure due process is followed. The writ petition is disposed of accordingly.

Table of Content
1. challenge to business closure order due to lack of notice. (Para 1 , 2)
2. clarification regarding ext.p4 as a notice. (Para 3)
3. petitioner allowed to file objections regarding closure. (Para 4)

JUDGMENT

The petitioner is stated to be running an organic products shop in a rental building after obtaining a licence from the Corporation. The petitioner has filed the captioned writ petition seeking to challenge Ext.P4 dated 28.03.2023, issued by the respondent Corporation, directing the petitioner to close down the business within 7 days, failing which steps would be taken to cancel the licence.

2. The contention raised by the petitioner in the writ petition is essentially to the effect that Ext.P4 is a final order and that no show cause notice has been issued before issuing the final order.

3. Sri Suman Chakravarthy, the learned Standing Counsel for the respondent Corporation, would clarify that Ext.P4 is a show cause notice under the provisions of Rule 22 of the IFTE & OS Rules, 2011, and that it is for the petitioner to file her objection under the aforesaid Rules. He would further add that if the ultimate decision to be taken by the Corporation is against the petitioner, there is also a statutory remedy of appeal under the above Rule.

4. In view of the afore, I am of the opinion that this writ petition can be disposed of by permitting the petitioner to treat Ext.P4 as a notice and to file her objection as expeditiously as possible, at any rate within a period of three weeks from today. Needless to say, the reply as above is required to be filed only in a case where there is any subsisting grievance for the petitioner.

With the afore liberty, the writ petition would stand disposed of.

Sd/-

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