IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 15560 OF 2022
PETITIONER:
SANKARANARAYANAN
AGED 38 YEARS
S/O. KRISHNANKUTTY, PROPRIETOR,
CHOLAKKAL BAKERY, CHERPULASSERY MUNICIPALITY BUS
STAND SHOPPING COMPLEX, CHERPULASSERY,
PALAKKAD DISTRICT - 679503.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
ANJALY T.A
RESPONDENTS:
1 CHERPULASSERY MUNICIPALITY
CHERPULASSERY, PALAKKAD DISTRICT - 679503,
REPRESENTED BY ITS SECRETARY.
2 PRINCIPAL SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADV.SMT.DEEPA NARAYANAN, GOVT. PLEADER
SRI.M.SASINDRAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.15560/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.15560 of 2022
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Dated this the 01st day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other appropriate writ or order commanding 1 st respondent to re-determine the licence fee/rent for the shop held by him under Exhibit.P1 agreement by exempting rent /licence fee for the period 01.07.2021 to 31.12.2021 along with proportional remissions in service tax and penalty demanded vide Exhibit.P15.
ii. Issue a writ of mandamus or any other appropriate writ or order commanding 1 st respondent to permit the petitioner to clear of the arrears of licence fees to be re-determined against him in 10 monthly installments along with the regular monthly licence fees. iii. Issue a writ of mandamus or any other appropriate writ or order commanding the 1 st respondent to renew the licence of the petitioner for the period commencing from 01.04.2021 to 31.03.2022 and from 01.04.2022 to 31.03.2023 without insisting for payment of the amount W.P.(C).No.15560/2022 3 demanded in Exhibit.P15 subject to modifications of the demand to be made taking note of Exhibit.P14 Government order.
iv. To pass such other orders or reliefs as this Hon'ble Court deems fit in the interest of justice.
(SIC)
2. Petitioner is a licencee under the 1 st respondent occupying a shop room bearing Door No.13/1081. The shop was taken on lease for a period of one year from 01.04.2020 to 31.03.2021 as per lease agreement dated 01.04.2020. It is regularly extended. The petitioner is now aggrieved by Ext.P15 demand notice by which the 1 st respondent directed the petitioner to pay an amount of Rs.6,79,552/-, which, according to the 1st respondent, is the arrears of licence fee.
According to the petitioner, in the light of Ext.P14 Government Order, the Municipality ought not have issued Ext.P15. It is the case of the petitioner that due to Covid-19 pandemic, the petitioner was in financial stringency and the business was not going well during that period.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1 st respondent. I also heard the learned Government Pleader for the 2nd respondent. W.P.(C).No.15560/2022 4
4. The learned counsel for the petitioner reiterated his contentions in the writ petition. The learned counsel submitted that in the light Ext.P14 Government Order, Ext.P15 will not stand. The learned Standing Counsel appearing for the 1st respondent submitted that there is nothing to interfere with Ext.P15 and it is a demand notice to recover the arrears of licence fee.
5. After hearing both sides, I think this writ petition can be disposed of allowing the petitioner to file a fresh representation before the 1st respondent narrating his grievance against Ext.P15 in the light of Ext.P14 Government Order. There can be a direction to the 1 st respondent to consider that representation after giving an opportunity of hearing to the petitioner.
Therefore, this writ petition is disposed of in the following manner:
1. The petitioner is free to file a representation narrating his grievance before the 1 st respondent, with a copy of Ext.P14 Government Order, within two weeks from the date of receipt of a copy of this judgment.
W.P.(C).No.15560/2022 5
2. Once such a representation is received, the 1 st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of the representation.
3. The 1st respondent will consider the applicability of Ext.P14 Government Order also while deciding this issue, as directed above.
4. Till final orders are passed in the representation, all further proceedings based on Ext.P15 shall be deferred by the respondents.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.15560/2022 6 APPENDIX OF WP(C) 15560/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT DATED 01.04.2020 EXECUTED BY THE PETITIONER IN FAVOUR OF THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 15.03.2021 DEMANDING A SUM OF RS.5,29,636/- TOWARDS LICENCE FEES ARREARS ISSUED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE NOTIFICATION NO.40-
3/2020-DM-I(A) DATED 17.05.2020 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI.
Exhibit P4 TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE DATED 28.02.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C) NO.8340/2021 DATED 20.07.2021. Exhibit P6 TRUE COPY OF THE RENEWED LICENCE IN THE NAME OF THE PETITIONER FOR THE SHOP ROOM MENTIONED IN EXHIBIT P1. Exhibit P7 TRUE COPY OF THE RECEIPT NO.02556 DATED 02.08.2021 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER FOR RS.55,022/-.
Exhibit P8 TRUE COPY OF THE RECEIPT NO.05150 DATED 04.10.2021 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER FOR RS.56,580/-.
Exhibit P9 TRUE COPY OF THE RECEIPT NO.06282 DATED 05.11.2021 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER FOR RS.56,580/-.
Exhibit P10 TRUE COPY OF THE RECEIPT NO.08176 DATED 20.12.2021 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER FOR RS.56,580/-.
Exhibit P11 TRUE COPY OF THE RECEIPT NO.10173 DATED 25.01.2022 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER FOR RS.56,580/-.
W.P.(C).No.15560/2022 7 Exhibit P12 TRUE COPY OF THE RECEIPT NO.11967 DATED 28.02.2022 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER FOR RS.56,580/-.
Exhibit P13 TRUE COPY OF THE NOTICE DATED 24.02.2022 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER.
Exhibit P14 TRUE COPY OF THE GOVERNMENT ORDER VIZ.
GO(P) NO.261/2021/LSGD DATED 06.11.2021 ISSUED BY THE SECRETARY TO GOVERNMENT, LSGD DEPARTMENT.
Exhibit P15 TRUE COPY OF THE DEMAND NOTICE DATED 04.05.2022 ISSUED BY THE 1ST RESPONDENT DEMANDING A SUM OF RS. 6,79,552/- FROM THE PETITIONER.