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2026 Supreme(Online)(Ker) 14417

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
N.V. MANI – Appellant
Versus
THE KOZHIKODE MUNICIPAL CORPORATION – Respondent
WP(C) NO.7185 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.M.SASINDRAN, SHRI.JOGGY MATHUNNI
For the Respondents: SMT.VIDYA KURIAKOSE, SMT.DEEPA V GP

The court emphasized the need for administrative bodies to act fairly and consider representations without undue delay.

Headnote:The judgment concerns a Writ Petition challenging the insistence of a fire NOC by the respondent corporation for issuing a trade license to the petitioners. The court ordered the corporation to consider a pending representation without delay. The main issues revolved around the legality of the fire NOC requirement and procedural fairness. The court directed the respondent to act expeditiously on the petitioners' request within six weeks, maintaining the status quo in the meantime.

Table of Content
1. challenging the fire noc requirement for a trade license. (Para 1 , 2)
2. arguments heard from both sides regarding the noc. (Para 3)
3. direction given for consideration of the petitioner's representation. (Para 4)

JUDGMENT

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

"i) to issue a writ of certiorari or any other writ or order to quash Ext.P10 ii) to declare that the ls respondent corporation cannot insist on fire NOC for the issuance of trade license to the petitioners. To issue a writ of mandamus commanding the 2nd respondent to permit the petitioners to make application for trade license and command the 2nd respondent to consider the same without insisting for a fire NOC.

iii) to command the 2nd respondent to consider and pass orders on Ext P11 before proceeding with Ext P10.

iv) exempt the petitioner from producing the English Translation of Malayalam Exhibits produced along with this writ petition and the petitioner further undertakes that they are ready and willing to produce English Translation of Malayalam documents as and when required;

v) award cost to the petitioner;

vi) issue any other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case; "

[SIC]

2. The petitioner received Ext. P10 Notice from the Corporation stating that the petitioner is conducting an auditorium without proper license. The petitioner submitted his objection to Ext. P10 by way of Ext. P11 representation. The grievance of the petitioner is that, without considering the same the Corporation is taking coercive steps.

3. Heard the learned counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel appearing for the Corporation and also the learned Standing Counsel appearing for the Pollution Control Board.

4. After hearing both sides, I think this writ petition need not be retained here. There can be a direction to the Corporation to consider Ext. P11 and till then status quo as on today can continue.

Therefore this writ petition is disposed of with the following directions;

1. The 2nd respondent is directed to consider Ext. P11 and pass appropriate orders in it after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within 6 weeks from the date of receipt of a copy of this judgment.

2. Till final orders are passed in Ext. P11 the status quo as on today shall be maintained.

3. I make it clear that, I have not considered the matter on merit and the 2nd respondent is free to pass appropriate orders in accordance with the law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE hks

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