Anish Kumar A.N vs State Of Kerala
2021 Latest Caselaw 14251 Ker

Citation : 2021 Latest Caselaw 14251 Ker
Judgement Date : 8 July, 2021

Kerala High Court

Anish Kumar A.N vs State Of Kerala on 8 July, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 8TH DAY OF JULY 2021/17TH ASHADHA, 1943
                     WP(C) NO. 20186 OF 2020


PETITIONER:

         ANISH KUMAR A.N., AGED 51 YEARS,
         S/O.BALAN, 'ANUSREE', PANOOR P.O.,
         THALASSERRY TALUK,
         KANNUR DISTRICT, PIN-670 692.

         BY ADVS.
         P.N.SUKUMARAN
         SRI.AKHIL S.VISHNU


RESPONDENTS:

    1    STATE OF KERALA REP. BY THE CHIEF SECRETARY,
         SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

    2    THE SECRETARY TO GOVERNMENT,
         LOCAL SELF GOVERNMENT DEPARTMENT,
         THIRUVANANTHAPURAM, PIN-695 001.

    3    PANOOR MUNICIPALITY, PANOOR P.O.,
         THALASSERRY TALUK, KANNUR DISTRICT,
         PIN-670692, REP. BY THE SECRETARY.

    4    CHAIRMAN, PANOOR MUNICIPALITY,
         PANOOR P.O., THALASSERRY TALUK,
         KANNUR DISTRICT, PIN-670 692.

         BY GOVERNMENT PLEADER SMT.G.RANJITA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.20186/2020

                                2




                          JUDGMENT

Dated this the 8th day of July, 2021

The petitioner who was running a textile shop wanted

to change his trade into a hardware business. The

petitioner accordingly applied to the 3rd respondent for a

licence to start hardware business. The Municipality as per

Ext.P5, required the petitioner to produce 'No Objection

Certificate' from the owners of the property. The petitioner

would submit that he is a co-owner of the property and

therefore he may not be required to produce consent of the

owners of the building.

2. When this writ petition came up for hearing, this

Court on 04.12.2020, passed an interim order permitting the

petitioner to apply for change of ownership of the building

before the Municipality and the Municipality was directed to WP(C) No.20186/2020

issue licence to the petitioner to conduct the hardware

business without further delay. The learned counsel for the

petitioner would submit that inspite of the said interim

direction of this Court on 04.12.2020, the respondents 3

and 4 have not complied with the orders of this Court.

3. Inspite of service of notice, respondents 3 and 4

have not opted to appear in this writ petition and contest the

case by filing counter affidavit.

4. This Court had occasion to consider an identical

issue in Jayapraksh v. Kozhikode Corporation and

others [2021 (3) KLT 127]. This Court held that an

application for licence cannot be rejected for the reason that

a co-owner has to produce consent letters from remaining

co-owners of the premises. This Court further held that a

co-owner has to be treated as the owner of the property for

all practical purposes until the property is partitioned among

the co-owners.

WP(C) No.20186/2020

5. In view of the afore judgment of this Court, the

respondents 3 and 4 are not justified to insist on production

of NOC from other co-owners of the property. The rejection

of petitioner's application for licence to conduct business in

hardware is therefore illegal and unjustified. Ext.P5 notice

is therefore set aside. The respondents 3 and 4 are

directed to issue licence to the petitioner for conducting

hardware business allowing his application, within a period

of one month.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/08.07.2021 WP(C) No.20186/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 14.2.2020 ISSUED BY PANOOR MUNICIPALITY.

EXHIBIT P2            TRUE COPY OF THE RECEIPT DATED
                      9.7.2020      ISSUED        BY      PANOOR
                      MUNICIPALITY.
EXHIBIT P3            TRUE   COPY    OF    APPLICATION     DATED

14.8.2020 SUBMITTED BEFORE THE THIRD RESPONDENT.

EXHIBIT P4            TRUE COPY OF THE RECEIPT DATED
                      14.8.2020      ISSUED       BY      PANOOR
                      MUNICIPALITY.
EXHIBIT P5            TRUE   COPY   OF    THE    NOTICE    DATED
                      19.8.2020    ISSUED     BY     THE   THIRD
                      RESPONDENT.
EXHIBIT P6            TRUE COPY OF THE LAWYER NOTICE DATED
                      27.8.2020.
EXHIBIT P7            TRUE COPY OF DOCUMENT NO.706/1994 OF
                      SRO, PANOOR.
EXHIBIT P8            TRUE COPY OF THE CERTIFICATE DATED
                      06.01.2021      ISSUED       BY     PANOOR
                      MUNICIPALITY.
EXHIBIT P9            TRUE    COPY     OF    THE      POSSESSION

CERTIFICATE DATED 06.01.2021 ISSUED BY THE PANOOR MUNICIPALITY.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 07.01.2021 SUBMITTED BEFORE THE THIRD RESPONDENT.

EXHIBIT P11           TRUE COPY OF THE RECEIPT DATED
                      07.01.2021      ISSUED       BY     PANOOR
                      MUNICIPALITY.