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
| 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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