IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 6666 OF 2021
PETITIONER:
T.V.HASSAN
AGED 63 YEARS
S/O. AHAMMED, FAREEDA MANZIL,
COTTON MILLS ROAD P.O, THIRUVANNUR,
KOZHIKODE 673 029
BY ADV AVM.SALAHUDIN
RESPONDENTS:
1 KOZHIKODE CORPORATION
REPRESENTED BY ITS SECRETARY,
KOZHIKODE CORPORATION, KOZHILKODE 673 032
2 COUNCIL OF MUNICIPAL CORPORATION,
REPRESENTED BY ITS MAYOR, KOZHIKODE CORPORATION,
KOZHIKODE 673 032
3 SECRETARY
KOZHIKODE CORPORATION, KOZHIKODE 673 032
BY ADV SRI.G.SANTHOSH KUMAR (P).
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.6666/2021
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.6666 of 2021
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Dated this the 07th day of July, 2022
JUDGMENT
This writ petition is filed with following prayers: i. To issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext-P5 notice.
ii. To declare Ext-P5 notice illegal, arbitrary and issued without jurisdiction.
iii. To issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(SIC)
2. According to the petitioner, he is a licensee of the room space (4.4 m² in extent) covered by Ext.P2 licence agreement which expired on 02/06/2021. The licensed premises covered by Ext.P2 was handed over to the petitioner for selling of drinking water bottles. The said licensed W.P.(C).No.6666/2021 3 premises situate on the extreme western side of the parking area known as Two Wheeler & Four Wheeler Stand Palayam belonging to the Corporation. The petitioner is also a licensee for the year 2020-21 for collecting the fee for parking the vehicles in the 'Two Wheeler & Four Wheeler Stand Palayam. It is the case of the petitioner that on 02/03/2021, the petitioner received Ext.P5 notice with a direction to vacate the licensed premises covered by Ext.P2 agreement within 7 days. It is stated in the writ petition that if the petitioner is evicted from the licensed premises on the basis of Ext.P5 notice, he will be put to great hardship. Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
4. The learned counsel for the petitioner reiterated his contentions in the writ petition. The learned counsel submitted that there is no construction as alleged. The learned counsel also submitted that some lenient view may be taken because this is the only source of income to the petitioner. On the other hand, the learned Standing Counsel for the respondents submitted that the writ petition itself is infructuous. The learned Standing Counsel also submitted W.P.(C).No.6666/2021 4 that the licence agreement is already expired on 02.06.2021. The petitioner is continuing based on the interim order passed by this Court.
5. This Court considered the contentions of the petitioner and the respondents. It is true that the licence agreement expired on 02.06.2021 and the petitioner is continuing based on the interim order passed by this Court. I perused Ext.P5 order. The main grievance of the petitioner is that Ext.P5 is an order passed without giving an opportunity of hearing to the petitioner and without inspecting the premises and giving notice to the petitioner. If that is the case, Ext.P5 can be set aside only for that purpose and there can be a direction to the 1st respondent to inspect the premises with notice to the petitioner and an opportunity of hearing also can be given to the petitioner before passing final orders.
Therefore, this writ petition is disposed of in the following manner:
1. Ext.P5 is set aside.
2. The 1st respondent is directed to give an opportunity of hearing to the petitioner, before proceeding further.
W.P.(C).No.6666/2021 5
3. Before passing final orders, an authorised officer of the 1st respondent will inspect the premises with notice to the petitioner.
4. I make it clear that the Corporation is free to pass appropriate orders in accordance with law.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.6666/2021
6
APPENDIX OF WP(C) 6666/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RECEIPT DATED 02-
12-2020 OF DEPOSIT OF RS. 6,000/- WITH THE RESPONDENT MADE BY THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE LICENCE AGREEMENT DATED 03-12-2020 EXECUTED BETWEEN THE 1ST RESPONDENT AND THE PETITIONER EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED 04-
12-2020 FOR PAYMENT OF RENT BY THE PETITIONER FOR THE LICENSED PREMISES. EXHIBIT P4 THE TRUE COPY OF THE RECEIPT DATED 12-
01-2021 FOR PAYMENT OF RS. 750/- FOR D AND O LICENSE EXHIBIT P5 THE TRUE COPY OF THE NOTICE DATED 22-
02-2021 ISSUED BY THE DEPUTY SECRETARY ON BEHALF OF THE 1ST RESPONDENT DIRECTING TO DEMOLISH THE STRUCTURES IN THE LICENSED PREMISES WITH 7 DAYS EXHIBIT P6 THE TRUE COPY OF THE REPLY DATED 06-
03-2021 FILED BY THE PETITIONER TO EXT.P5 EXHIBIT P7 PHOTOGRAPH NO 1 OF THE LICENSED PREMISES EXHIBIT P8 PHOTOGRAPH NO W OF THE LICENSED PREMISES EXHIBIT P9 PHOTOGRAPH NO 3 OF THE LICENSED PREMISES