WP(C) NO. 23415 OF 2021 1
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. 23415 OF 2021
PETITIONER/S:
SHIHABUDHEEN IBNU SAYED M.P.
AGED 46 YEARS
S/O SAIDALAVI, PARAMBIL HOUSE, FAROOK COLLEGE
P.O.RAMANATTUKARA KOZHIKODE DISTRICT-673 632.
BY ADVS.
K.MOHAMMED RAFEEQ
AMARNATH R LAL
RESPONDENT/S:
1 RAMANATTUKARA MUNICIPALITY
PARAMMAL ROAD, RAMANATTUKARA, KOZHIKODE DISTRICT-673 362.
2 THE SECRETARY
RAMANATTUKARA MUNICIPALITY, PARAMMAL ROAD, RAMANATTUKARA,
KOZHIKODE DISTRICT-673 362.
3 HEALTH INSPECTOR,
RAMANATTUKARA MUNICIPALITY, PARAMMAL ROAD, RAMANATTUKARA,
KOZHIKODE DISTRICT-673 362.
4 AMINAKUTTY,
AGED 66 YEARS
XX
5 YUNUS K.T,
AGED 40 YEARS
FATHERS NAME NOT KNOWN, KUNIYIL THAIKKANDI, RAMANATTUKARA
P.O.KOZHIKODE DISTRICT-673 362.
BY ADVS.SMT.VIDYA KURIAKOSE, GP
P.A.MOHAMMED SHAH, SC R1 to R3
SADIK ISMAYIL, R4
P.C.MUHAMMED NOUSHIQ-R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23415 OF 2021 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 23415 of 2021
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Dated this the 1st day of June, 2022
JUDGMENT
This writ petition is filed with following prayers : "1. Issue a writ of mandamus or any other appropriate writ or direction or order directing the second respondent to consider and pass orders in exhibit P6 application after conducting physical inspection on the premisses which the petition took the same on rent from the fourth respondent.
2. Direct the second respondent to take appropriate action against the fifth respondent who obtained renewed license by plying fraud and to cancel the license if any issued to the fifth respondent.
3. Issue any other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case."[SIC]
2. The grievance of the petitioner is that even though Ext.P6 application is filed for getting license to conduct a coolbar/bakery/stationery/mobile and photostat shop, the same is not considered. According to the petitioner, the same was WP(C) NO. 23415 OF 2021 3 filed on 23.9.2021 and no orders are passed. It is stated that the Municipality issued Ext.P7 in which it is stated that a license is issued to one Yunus K.T for conducting business in room No.7/952 (Old No.3/677). According to the petitioner, he is conducting the business and not Mr.Yunus K.T.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondent Nos.1 to 3. I also heard the learned counsel appearing for respondent Nos. 4 and 5.
4. It is an admitted fact that Ext.P6 application for license is pending before the Panchayat. According to the Panchayat, another person is conducting business in room No.7/952 and it is the 5th respondent. Hence Ext.P6 was not considered. But the petitioner says that he is conducting the business and if an inspection is conducted by the Panchayat authorities, the same will be clear. I do not want to decide this issue. Since Ext.P6 application is pending before the Municipality, there can be a direction to the Municipality to consider the same, after giving an opportunity of hearing to the petitioner and respondent Nos. 4 and 5. Before passing WP(C) NO. 23415 OF 2021 4 orders, the officers of the Municipality will inspect the premises with notice to the petitioner and respondent Nos. 4 and 5.
Therefore, this writ petition is disposed of with the following directions :
1. The 2nd respondent is directed to consider Ext.P6 application, after giving an opportunity of hearing to the petitioner and respondent Nos.4 and 5 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
2. Before passing final orders in Ext.P6 application, the 2 nd respondent or his authorised officer will inspect the shop in question and the inspection report also will be considered while deciding Ext.P6 application.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 23415 OF 2021 5 APPENDIX OF WP(C) 23415/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RENT AGREEMENT DATED 17.8.2021 EXECUTED BETWEEN THE PETITIONER AND THE FOURTH RESPONDENT Exhibit P2 TRUE COPY OF THE CONSENT LETTER DATED 23.9.2021 ISSUED BY THE FOURTH RESPONDENT IN FAVOUR OF THE PETITIONER Exhibit P3 TRUE COPY OF THE REGISTRATION CARD DATED 28.8.,2021 ISSUED BY THE FOOD SAFETY AND SLANDERED AUTHORITY OF INDIA Exhibit P4 TRUE COPY OF THE HEALTH CARD DATED 22.9.2021 ISSUED BY THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE RAMANATTUKARA. Exhibit P5 TRUE COPY OF THE ANALYSIS REPORT DATED 25.9.2021 ISSUED BY THE APPROVED LABORATORY Exhibit P6 TRUE COPY OF THE APPLICATION DATED 23.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 29.9.2021 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER