Shabnam A.S vs Nedumangad Municipality
2021 Latest Caselaw 1297 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA,
                           1942

                  WP(C).No.22509 OF 2020(K)


PETITIONER/S:

     1       SHABNAM A.S.,
             AGED 30 YEARS,
             D/O ABDUL SALAM,
             SHIBI NIVAS,
             VETTUVILA,
             PATHAMKALLU,
             NEDUMANGAD,
             THIRUVANANTHAPURAM-695 541.

     2       AL ASWAD,
             AGED 23 YEARS,
             S/O ABDUL KADHER,
             ESSEL HOUSE,
             MANCHA, NEDUMANGAD,
             THIRUVANANTHAPURAM-695 541.

             BY ADV. SRI.V.A.VINOD

RESPONDENT/S:

     1       NEDUMANGAD MUNICIPALITY,
             REPRESENTED BY ITS SECRETARY,
             NEDUMANGAD,
             THIRUVANANTHAPURAM-695 541.
 Writ Petition (C) No.22509 of 2020
                                     2




      2      THE SECRETARY,
             NEDUMANGAD MUNICIPALITY,
             NEDUMANGAD,
             THIRUVANANTHAPURAM-695 541.

      3      SANDEEP H.N,
             AGED 33 YEARS, S/O HARIKESHAN NAIR,
             "UPAHAR",
             NEAR ARUVIKKARA FARMERS SOCIETY,
             ARUVIKKARA P.O., NEDUMANGAD,
             THIRUVANANTHAPURAM-695 564

      4      SOUMYA B.S.,
             W/O SANDEEP H.N,
             "UPAHAR", NEAR ARUVIKKARA FARMERS SOCIETY,
             ARUVIKKARA P.O.,
             NEDUMANGAD,
             THIRUVANANTHAPURAM-695 564

             R3-4 BY ADV. SRI.SHAKTHI PRAKASH
             BY SRI.RAMDAS, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13-01-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.22509 OF 2020
                                      3




               Writ Petition (C) No.22509 of 2020

               -----------------------------------------------

                            JUDGMENT

The first petitioner owns a shop room within the limits of

Nedumangad Municipality. The first petitioner leased out the said

shop room to the third respondent. On the strength of the lease

deed executed by the first petitioner, the third respondent has

obtained licence to run a business in the shop room. It is stated by

the petitioners that the third respondent has surrendered the shop

room during February, 2020 and thereafter, the first petitioner has

leased out the same to the second petitioner. It is alleged by the

petitioners that the second respondent is not considering the

application for licence applied for by the second petitioner taking

the stand that the third respondent has to apply for cancellation of

the licence issued to him, for the second respondent to consider

the application preferred by the second petitioner. Ext.P5 is the

communication issued in this regard by the second respondent to

the first petitioner. The case of the petitioners is that insofar as the

third respondent has surrendered the building to the first

petitioner, the second respondent is bound to consider the

application submitted by the second petitioner after conducting a WP(C).No.22509 OF 2020

physical verification. The petitioners, therefore, seek appropriate

directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioners as

also the learned counsel for the third respondent.

3. The learned counsel for the third respondent, on

instructions, submits that the third respondent has surrendered the

shop room referred to in the writ petition to the first petitioner

during February, 2020 itself.

4. If the third respondent has surrendered the shop

room to the first petitioner as admitted by the third respondent,

there cannot be any impediment at all for the second respondent in

considering the application for licence submitted by the second

petitioner.

In the said view of the matter, the writ petition is

disposed of directing the second respondent to consider the

application submitted by the second petitioner for licence in

respect of the premises referred to in the writ petition in

accordance with law, without insisting any document from the third

respondent. This shall be done within two weeks from the date of

production of a copy of this judgment.

Sd/-

P.B.SURESH KUMAR, JUDGE

ds 13.01.2021 WP(C).No.22509 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RENT DEED DATED 7.9.2020 ENTERED INTO BETWEEN THE PETITIONERS

EXHIBIT P2 TRUE COPY OF THE RENT DATED 16.6.2019 ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 15.9.2020 PREFERRED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 15.9.2020 PREFERRED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 18.9.2020 ISSUED BY THE 2ND RESPONDENT