The petitioner has filed this writ petition seeking the following reliefs: “a. Issue a writ of certiorari calling for the records leading to Exts.P5, P8 and P10 and quash the original of the same.
b. To declare that the petitioner has got deemed license as provided under sub rule 7 of rule 6 of the Rules.
c. Issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to allow Ext.P6 application; and
d. To grant such other reliefs as prayed for from time to time including cost of these proceedings.”
2. The case of the petitioner is that, his father had been conducting business in a shop room bearing No.KMC 4/370 situate within the limits of the first respondent Municipality. His father, Sri.Nanu was a tenant of the building from 4.1.1965. He passed away on 2.3.2013. Thereafter, the petitioner has been conducting the said business. It is the case of the petitioner that, 2 W.P.(C).No.33357 of 2014 the landlord has been trying to evict the petitioner from the shop room. At his instance, Ext.P5 notice has been issued directing him to close down the shop room. Thereafter he submitted Ext.P6 application for the issue of a license. The same has been rejected by Ext.P10.
3. The contention of the petitioner is that, the application for license is dated 30.6.2014 and orders ought to have been passed thereon, under rule 7 of the Kerala Municipality (Issue of License to Dangerous and Offensive Trades) Rules, 2011 within a period of 30 days of the date of receipt thereof. No such orders have been passed till date. It is therefore, contended that Ext.P10 is unsustainable and liable to be set aside.
4. Heard. I notice that the petitioner has a statutory remedy, provided by section 509 of the Kerala Municipality Act, 1994 against Ext.P10. The petitioner has not exhausted the said statutory remedy which is equally efficacious. Therefore, I am not prepared to entertain this writ petition. The petitioner shall be at liberty to raise all his contentions in the statutory appeal, that is to be preferred by him.
3 W.P.(C).No.33357 of 2014 In view of the above, this writ petition is dismissed without prejudice to the rights of the petitioner to pursue his statutory remedy.
Sd/-
rkc.
K.SURENDRA MOHAN, JUDGE.