IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 2233 OF 2019
PETITIONER:
PRAKRUTHY JEEVANA SAMITHY
JEEVANA SAMITHY, ANNUR PO, VIA PAYYANNUR,
KANNUR-670307, REPRESENTED BY ITS SECRETARY
K.K.SREEKUMAR.
BY ADVS.
P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 PRAKRUTHY JEEVANA CHARITABLE TRUST
AROGYANIKETHAN, ANNUR.P.O., PANNAYYUR,
KANNUR -670307, REPRESENTED BY ITS TREASURER.
2 P.M.BALAKRISHNAN,
'VARNAMUDRA', ANNUR PO,
PANNAYYUR, KANNUR-670307.
3 PAYYANNUR MUNICIPALITY,
PAYYANNUR, KANNUR-670307,
REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.SANTHEEP ANKARATH
SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.2233/2019
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.2233 of 2019
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Dated this the 23rd day of June, 2022
JUDGMENT
This writ petition is filed with following prayers: i. A writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P6 and P-10.
ii. A writ of mandamus or any other appropriate writ or order directing the 3rd respondent to accept the fees for renewing the license of 'Arogya Nikethan'.
iii. Hold that the petitioner has the right to remit the fees for renewal of license and tax in respect of 'Arogya Nikethan'.
iv. Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.
(SIC)
2. Petitioner is a society registered under the Travancore Cochin Literary, Scientific Charitable Societies Registration Act 1860. It is the case of the petitioner that the society has formed the 1st respondent Trust for establishing a Health Care Centre. It is also the case of the petitioner that W.P.(C).No.2233/2019 3 the said health care Centre 'Arogya Nikethan' was established in property gifted by Sri.Ramdasa Mission. It is stated in the writ petition that the 2nd respondent Managing Trustee misappropriated Trust funds. According to the petitioner, he refused to co-operate with the functioning of the Trust resulting in the trustees deciding to transfer the management and control of 'Arogya Nikethan' to petitioner Samithy. The 2 nd respondent in his capacity as the Managing trustee had not paid tax and license fee in respect of 'Arogya Nikethan' after the year 2016-17 is the contention of the petitioner. Consequently, the 3rd respondent Municipality initiated proceedings demanding renewal of license. It is stated in the writ petition that though the petitioner offered to remit the requisite fee for renewal of license, the Municipality rejected it stating that the building is in the name of the 2 nd respondent. Now the Municipality has issued notice authorizing the Public Health Inspector to close the establishment. Hence this writ petition.
3. Heard the learned counsel for the petitioner, learned counsel appearing for respondents 1 and 2 and also W.P.(C).No.2233/2019 4 the learned counsel for the Municipality.
4. From the pleadings of the writ petition it is clear that there is a dispute between the petitioner on the one side and respondents 1 and 2 on the other side. It is an admitted fact that a suit is pending about the dispute as O.S.No.80/2018 before the Munsiff's Court, Payyannur. In such situation, this Court is not in a position to decide this matter. Parties are free to approach the civil court for getting their grievance redressed.
With the above observation, this writ petition is closed. If any licence fee is paid by the petitioner based on the interim order passed by this Court, the same will be subject to the result of the final decision of the suit and the payment of the same will not give any right to the petitioner in the pending suit.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.2233/2019
5
APPENDIX OF WP(C) 2233/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF BYE LAWS OF THE
PETITIONER SOCIETY.
EXHIBIT P2 TRUE COPY OF TRUST DEED DATED
28/06/2005.
EXHIBIT P3 TRUE COPY OF GIFT DEED DATED
29/1/2008.
EXHIBIT P4 TRUE COPY OF LETTER DATED 31/3/2018
WRITTEN BY THE 1ST RESPONDENT TRUST TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF LETTER DATED 29/9/2018 ISSUED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF LETTER DATED 10/10/2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF NOTICE DATED 10/10/2018 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF NOTICE DATED 26/11/2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF LETTER DATED 11/12/2018 FROM THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF ORDER DATED 28/12/2018 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R3(a) TRUE COPY OF THE NOTICE DATED 04.09.2018.
EXHIBIT R3(b) TRUE COPY OF THE REPLY DATED 01.10.2018.
EXHIBIT R3(c) TRUE COPY OF THE REPLY DATED 25.10.2018.