IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022/5TH SRAVANA, 1944
WP(C) NO. 20137 OF 2022
PETITIONER
SUMIYA ALIKUNJU,
AGED 37 YEARS
W/O. LATE ALIKUNJU, KOROTHUKUDY HOUSE,
SOPHIYA COLLEGE ROAD, PERUMBAVOOR-683542.
BY ADVS.
C.A.NAVAS
T.K.SASIKUMAR
RESPONDENTS
1 THE PERUMBAVOOR MUNICIPALITY,
REPRESENTED BY THE SECRETARY, MUNICIPAL
OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT-
683542.
2 THE SECRETARY,
PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE,
PERUMBAVOOR, ERNAKULAM DISTRICT-683542.
BY ADV SHRI.MATHEW B.KURIAN, SC, PERUMBAVOOR
MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.20137 of 2022 2
]
JUDGMENT
Dated this the 27th day of July, 2022 The petitioner, who is running an Ayurvedic Clinic namely 'Karothukudy Ayurveda Chikilsalayam' in Sophiya College Road in Perumbavoor, has filed this writ petition praying that the respondents be directed to renew the licence of the petitioner to run the Ayurveda Clinic namely 'Dr. Alikunju Memorial Karothukudy Ayurveda Hospital'.
2. The respondent-Municipality resisted the writ petition filing a Statement. The Statement would show that the petitioner does not hold a licence as on date and the application submitted by the petitioner is defective inasmuch as no name and signature of applicant is seen in the application. The Consent letter of the building owner is also not provided. Paramedical Registration Certificate is also lacking. W.P(C) No.20137 of 2022 3 ]
3. When the writ petition came up for hearing today, the learned counsel for the petitioner brought to the notice of this Court the proceedings of the File Adalat conducted by the Secretary to the Municipality on 08.07.2022. The said proceedings No.PH2- 15730/2021 dated 08.07.2022 states that it has been decided to consider the application submitted by the petitioner and permitted running of the Clinic in a portion of the building.
In view of the said decision taken in the Adalat held by the Secretary, the writ petition is disposed of recording the said decision. It is made clear that if there is any defect in the application submitted by the petitioner for issuance/renewal of licence, the petitioner will be liable to cure the defects.
Sd/-
N. NAGARESH, JUDGE smm/27.07.2022 W.P(C) No.20137 of 2022 4 ] APPENDIX OF WP(C) 20137/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MUNICIPAL LICENSE NO. 472/2017-18 DATED 15/06/2017. Exhibit P2 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 27/03/2017.
Exhibit P3 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 27/01/2018.
Exhibit P4 TRUE COPY OF THE PROFESSIONAL TAX DEMAND NOTICE FOR THE YEAR 2020- 21. Exhibit P5 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 18/01/2022.
Exhibit P6 TRUE COPY OF THE LICENSE APPLICATION DATED 17/04/2021. Exhibit P7 TRUE COPY OF THE LICENSE APPLICATION DATED 23/12/2021. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 23/12/2021.
Exhibit P9 TRUE COPY OF THE CONSENT LETTER. Exhibit P10 TRUE COPY OF THE UNDERTAKING FILED BY THE PETITIONER.
Exhibit P11 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 23/07/2021.