IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 10933 OF 2021
PETITIONER:
ABDUL JABBAR,
AGED 56 YEARS,
S/O.MUHAMMED KUNJI, PUZHANKARAHILLATH HOUSE,
KAIPAMANGALAM, CHALINGAD, KODUNGALLUR,
THRISSUR - 680 681, REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER K.BABURAJ, S/O.KUTTIKRISHNAN NAIR, AGED 50
YEARS,KANNAMKUMARATH, PUTHUSSERY, CHERUTHURUTHY, THRISSUR
DISTRICT - 678 531.
BY ADVS.
SANTHEEP ANKARATH
SMT.C.K.SHERIN
RESPONDENTS:
1 PATTAMBI MUNICIPALITY
REPRESENTED BY ITS SECRETARY, PATTAMBI, PALAKKAD DISTRICT,
PIN - 679 303.
2 STATION OFFICER
FIRE AND RESCUE STATION, MELE PATTAMBI P.O.,
PATTAMBI - 679 306, PALAKKAD DISTRICT.
3 ACCOMMODATION CONTROLLER
(TAHSILDAR, PATTAMBI TALUK, TALUK OFFICE, PATTAMBI),
PATTAMBI, PALAKKAD DISTRICT, PIN - 679 303.
4 K.H.ABDUL GAFOOR
S/O.HYDER, KOTTAPURATH HOUSE, PATTAMBI P.O., PALAKKAD
DISTRICT, PIN - 679 303.
BY ADVS.
A.HAROON RASHEE, SC - R1
SRI.M.S.SAJEEV KUMAR - R4
SMT.LAKSHMI S KUMAR
SMT.A.N.JYOTHILEKSHMI
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10933 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 10933 of 2021
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Dated this the 14th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Issue a writ of mandamus or other appropriate writ, order or direction directing the 2 nd respondent to allow Exhibit P9 representation and permit the petitioner to do the needful for renewal of Fire NOC at his own expenses and renew the Fire NOC for Building KH Arcade, Mele Pattambi, with No.3/755(TUV)(New No.9/100ABC) in Pattambi Municipality within such short time as this Hon'ble Court may deem fit to grant;
(ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to allow Ext.P8 petition filed under Kerala Building (Lease and Rent Control) Act and issue positive direction to the 4th respondent to provide the amenity of fire NOC to the petitioner's leased premises within such short time as this Hon'ble Court may deem fit to grant;
(iii) direct the 1st respondent to provisionally renew the trade licence of the petitioner as applied for in Exhibit P4 application pending disposal of WP(C) NO. 10933 OF 2021 3 Exhibit P8 and P9 applications before the 2 nd and 3rd respondents;
(iv) issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."[SIC]
2. The petitioner is running a textile business by name 'Lamiya Silks' in the leased premises owned by the 4th respondent since 2011. According to the petitioner, there is an attempt to forcefully evict the petitioner. The petitioner preferred a suit before the Civil court against the forceful eviction and he obtained an interim order. According to the petitioner, the 4th respondent who is the owner of the building has to do the needful to procure fire NOC. No action is initiated against the 4th respondent for non production of fire NOC by the 1st respondent. On the other hand, petitioner is now threatened of closure of his business for no fault of his, is the contention raised in this writ petition. According to the petitioner, the trade licence is not renewed because the petitioner WP(C) NO. 10933 OF 2021 4 has not produced fire NOC. According to the petitioner, this is a ruse to evict the petitioner by circumventing due process of law and the local authority is assisting the landlord under his might and influence. The petitioner expresses his inability to produce the fire NOC since the same is to be done by the 4th respondent. The 4th respondent refused to do the needful to produce fire NOC. It is also stated by the petitioner that the petitioner has approached the Accommodation Controller requesting for initiating action against the 4th respondent to provide amenities in the nature of the Fire NOC to the petitioner for the conduct of the business in the rented premises. It is the case of the petitioner that, even now the 3 rd respondent has not taken any steps based on the application. According to the petitioner, unless the 2 nd respondent permit the petitioner to do the needful for getting fire NOC, the 1st respondent will not renew the trade licence of the petitioner. In such circumstances, WP(C) NO. 10933 OF 2021 5 this writ petition is filed.
3. Heard counsel appearing for the petitioner and the counsel appearing for the 1st respondent Panchayat. I also heard the learned Government Pleader and the counsel appearing for the 4 th respondent who is the land owner.
4. It is an admitted fact that there is a Rent Control Petition pending before the Rent Control Court, Pattambi and the same is filed by the 4th respondent. It is also an admitted fact that the petitioner approached the Accommodation Controller for getting the amenities as evident by Ext.P8.
5. When this writ petition came up for consideration on 04.05.2021, this Court passed the following order:
"Admit.
Standing counsel takes notice for R1. Government Pleader takes notice for R2 and R3. Urgent notice by speed post to R4.
Operation of Exts.P5 and P7 will stand stayed for a period of one month."
WP(C) NO. 10933 OF 2021 6
6. Exts.P5 and P7 are the notices issued by the 1st respondent directing the petitioner to renew the licence. Since the disputes between the petitioner and the 4th respondent is pending before the Rent Control Court and the Accommodation Controller, I think this writ petition can be disposed of directing the Accommodation Controller to consider Ext.P8 within a time frame and till consideration of Ext.P8, the interim order can be continued.
Therefore this writ petition is disposed of in the following manner:
i. The 3rd respondent is directed to consider and pass appropriate orders in Ext.P8, after giving an opportunity of hearing to the petitioner and the 4th respondent, as expeditiously as possible, at any rate, with in a period of one month from the date of receipt of a copy of this judgment.
ii. Till final orders are passed, operation WP(C) NO. 10933 OF 2021 7 of Exts.P5 and P7 are deferred. iii. All the contentions of the petitioner and the 4th respondent before the Rent Control Court and the Accommodation Controller are left open.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 10933 OF 2021
8
APPENDIX OF WP(C) 10933/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED
25/4/2011 EXECUTED BETWEEN THE
PETITIONER AND THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF PLAINT DATED 26/11/2020 IN O.S.NO.152/2020 ON THE FILE OF THE MUNSIFF'S COURT, PATTAMBI.
EXHIBIT P3 TRUE COPY OF ORDER DATED 27/11/2020 IN I.A.NO.918/2020 IN O.S.NO.152/2020 PASSED BY MUNSIFF-MAGISTRATE'S COURT, PATTAMBI.
EXHIBIT P4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR RENEWAL OF TRADE LICENSE ALONG WITH ITS RECEIPT DT. 22/10/2020.
EXHIBIT P5 TRUE COPY OF REPLY DATED 05/02/2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF REPLY DATED 19/2/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF NOTICE NO.H1-8494/20 DATED 23/4/2021 (RECEIVED BY THE PETITIONER ON 28/4/2021) ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF PETITION DATED 7/4/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF PETITION DATED 29/4/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE