Kerala High Court
Abdul Majeed vs The Secretary - Ponnani Municipality on 5 September, 2024
W.P.(c) No.27358 of 2023 1
2024:KER:67840
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 27358 OF 2023
PETITIONER:
ABDUL MAJEED,
AGED 57 YEARS
S/O.KUNHIMUHAMMED, RESIDING AT VATTAMPARAMBIL
HOUSE, THEKKEPPURAM, PONNANI SOUTH .P.O,
MALAPPURAM, PIN - 679586
BY ADVS.
K.R.AVINASH (KUNNATH)
ABDUL RAOOF PALLIPATH
PRAJIT RATNAKARAN
E.MOHAMMED SHAFI
KRISHNAPRIYA R.
RESPONDENTS:
1 THE SECRETARY - PONNANI MUNICIPALITY,
MUNICIPAL OFFICE – PONNANI, PONNANI SOUTH
P.O, MALAPPURAM DIST, PIN - 679586
2 PONNANI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE;
PONNANI, PONNANI SOUTH .P.O, MALAPPURAM DIST, PIN
- 679586
ADDL.R3 SAIDU V.P.,
AGED 57 YEARS
S/O.MOIDU, VALIYAPARAMBIL, PONNANI P.O.,
MALAPPURAM DISTRICT, PIN-679 577. ADDL.R3 IS
IMPLEADED AS PER ORDER DATED 06.10.2023 IN I.A-
1/2023 IN WP(C) 27358/2023.
BY ADV BABU S. NAIR
OTHER PRESENT:
SRI.C.V.MANUVILSAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(c) No.27358 of 2023 2
2024:KER:67840
MOHAMMED NIAS C.P.,J
---------------------
W.P.(c) No.27358 of 2023
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Dated this the 5th day of September, 2024
JUDGMENT
The petitioner challenges Ext.P10 order dated 03.07.2023 issued by the Municipality alleging unauthorised construction, lack of sufficient parking and also a change of occupancy. The petitioner submits that he gave a reply to the same pursuant to which, the Municipality had issued Ext.R1(h) order on 25.07.2023, which referred to Section 406(3) order earlier issued by the Municipality and further stated that the petitioner is running a business without any licence and granted 14 days to him to obtain a licence.
2. The Municipality submits that no licence/ renewal is granted to the licence issued on 14.02.2022 to the petitioner.
3. Though the petitioner submits that he has submitted a regularisation application as Ext.P11, the same in styled as an application for a building permit. W.P.(c) No.27358 of 2023 3
2024:KER:67840 In the said circumstances, I am not inclined to grant any relief to the petitioner. However, I make it clear that it will be open to the petitioner to apply for a proper licence for conducting any activity in the building in question. It will also be open to the petitioner to challenge Ext.P10 order before the Tribunal for Local Self-Government Institutions. The time spent from 16.08.2023, the date of filing of this writ petition, till the date of this judgment shall be excluded for the purpose of computing the period of limitation. Till the petitioner obtains a licence to carry on any activity, he shall not use the conference hall/auditorium for any purpose.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE bng W.P.(c) No.27358 of 2023 4 2024:KER:67840 APPENDIX OF WP(C) 27358/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE NO: E3 -22323/29 DATED 23.11.2019 ISSUED TO THE PETITIONER BY THE ASSISTANT ENGINEER OF PONNANI MUNICIPALITY EXHIBIT P2 THE PROPERTY TAX ASSESSMENT DATED 06.12.2019 ISSUE TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE LICENSE NO:130210012100926 DATED 14.02.2022 EXHIBIT P4 TRUE COPY OF THE NOTICE NO: E3-BA-140/19- 20 DATED 11.11.2022 ISSUED BY THE SECRETARY PONNANI MUNICIPALITY TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE ORDER NO: E3 –
140/19-20 DATED 06.01.2023 ISSUED BY THE SECRETARY – PONNANI MUNICIPALITY UNDER SECTION 406(1) OF THE KERALA MUNICIPALITIES ACT-1994 TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE NOTICE NO: E3 –
140/19-20 DATED 06.01.2023 ISSUED BY THE SECRETARY – PONNANI MUNICIPALITY UNDER SECTION 406(2) OF THE KERALA MUNICIPALITIES ACT-1994 EXHIBIT P7 TRUE COPY OF THE LICENSE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE SECRETARY MOUNATHUL ISLAM ASSOCIATION FOR 01.08.2023 TO 30.06.2024 EXHIBIT P8 TRUE COPY OF THE CONSENT TO OPERATE NO:
PCB/MLPM/ICO/11918/2023 DATED 22.02.2023 EXHIBIT P9 TRUE COPY OF THE LICENSE NO:
130210012300324 DATED 02.06.2023 ISSUED TO THE PETITIONER FROM PONNANI MUNICIPALITY FOR LIGHT & SOUND AND CATERING SERVICE W.P.(c) No.27358 of 2023 5 2024:KER:67840 EXHIBIT P10 TRUE COPY OF ORDER NO: E3 – 140/19- 20 DATED 03.07.2023 UNDER SECTION 406(3) OF THE KERALA MUNICIPALITIES ACT-1994 ISSUED BY THE SECRETARY OF PONNANI MUNICIPALITY EXHIBIT P11 TRUE COPY OF THE RECEIPT NO: 14126 DATED 02.08.2023 OF APPLICATION FOR BUILDING PERMIT EXHIBIT P12 TRUE COPY OF THE RECEIPT NO:
01/123050103994 DATED 02.08.2023 OF PAYMENT OF FEES RESPONDENTS ANNEXURES/EXHIBITS ANNEXURE R1(A). A TRUE COPY OF THE NOTICE DATED 29.11.2022 ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER.
ANNEXURE R1(B) A TRUE COPY OF THE REPLY TO THE ANNEXURE R1 (A) NOTICE ISSUED BY THE MUNICIPALITY DATED 01.12.2022 ANNEXURE R1(C) A TRUE COPY OF THE NOTICE DATED 06.01.2023 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.
ANNEXURE R1(D) A TRUE COPY OF NOTICE ISSUED BY THE MUNICIPALITY TO THE PETITIONER DATED10.02.2023 .
ANNEXURE R1(E) A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE MUNICIPALITY DATED 22.02.2023 .
ANNEXURE R1(F) A TRUE COPY OF THE STATEMENT BY THE PETITIONER TO THE MUNICIPALITY ANNEXURE R1(G) A TRUE COPY OF THE COMMUNICATION DATED 03.07.2023 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.
ANNEXURE R1(H) A TRUE COPY OF THE COMMUNICATION DATED 25.07.2023 ISSUED BY THE MUNICIPALITY TO THE PETITIONER .
W.P.(c) No.27358 of 2023 6
2024:KER:67840 EXHIBIT R3(A) TRUE COPY OF THE APPLICATION SUBMITTED BY ME UNDER THE R.T.I. ACT, DATED, 2-11-2022 EXHIBIT R3(B) TRUE COPY OF THE ACKNOWLDGMENT RECEIPT ISSUED BY THE PONNANI MUNICIPALITY DATED, 2-11-2022 EXHIBIT R3(C) TRUE COPY OF THE LICENSE ISSUED BY THE PONNANI MUNICIPALITY FOR RUNNING THE AUDITORIUM DATED 15-06-2022 EXHIBIT R3(D) TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED TO ME BY THE PONNANI MUNCIPALITY FOR THE FINANCIAL YEAR 2023-2024 DATED 7- 3-2024 EXHIBIT R3(E) TRUE COPY OF THE PROFESSION TAX RECEIPT ISSUED TO ME BY THE PONNANI MUNCIPALITY FOR THE PERIOD FROM 2022-2024 DATED 12-2- 2024 EXHIBIT R3(F) TRUE COPIES OF THE PHOTOGRAPHS OF THE AUDITORIUM SHOWING THE VIOLATIONS