Kerala High Court
Sankaranarayanan vs Cherpulassery Municipality on 20 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 8340 OF 2021
PETITIONER:
SANKARANARAYANAN
AGED 37 YEARS
S/O.KRISHNANKUTTY, PROPRIETOR, CHOLAKKAL BAKERY,
CHERPULASSERY MUNICIPALITY BUS STAND SHOPPING
COMPLEX, CHERPULASSERY, PALAKKAD DISTRICT-679503.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 CHERPULASSERY MUNICIPALITY
CHERPULASSERY, PALAKKAD DISTRICT-679503,
REPRESENTED BY ITS SECRETARY.
2 PRINCIPAL SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY GOVT. PLEADER SMT. RANJITHA
SRI.JOMY K. JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.8340/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 20th day of July, 2021
The petitioner is running a Bakery occupying Door
No.13/1081, which is a shop room owned by the 1 st
respondent-Municipality. The petitioner states that due to
Covid-19 pandemic and consequential lockdown and financial
crisis, he could not remit the licence fee in respect of the shop
room for some period. The Municipality, however, issued
Ext.P2 demand notice on 15.03.2021, claiming an amount of
₹5,29,636/- as licence fee for the period from June, 2020 to
March, 2021. The petitioner threatened of coercive
proceedings, if the amounts are not paid immediately. It is
under such circumstances that the petitioner has approached
this Court.
2. The learned Standing Counsel for the 1 st
respondent submitted that in terms of the licence agreement
WP(C) No.8340/2021
entered into by the petitioner with the Municipality, the
petitioner has to remit the licence fee promptly. The petitioner
failed to remit the licence fee for a considerable period and
that is why the Municipality has issued demand notice to him.
3. I have heard the learned counsel for the petitioner,
the learned Standing Counsel for the 1 st respondent and the
learned Government Pleader appearing for the 2 nd
respondent.
4. It is evident that the period for which the demand of
₹5,29,636/- is made, commences from June, 2020 and
extends up to March, 2021. This obviously was a Covid-19
pandemic period in which all commercial establishments faced
financial crisis. No one has a case that the petitioner was
consistently irregular in remittances of licence fee prior to the
pandemic period. In the circumstances, this Court is of the
view that the petitioner should be granted some breathing time
to clear the outstanding licence fee.
The writ petition is accordingly disposed of
permitting the petitioner to remit the amount demanded under
WP(C) No.8340/2021
Ext.P2 in ten equal monthly instalments, first of which shall be
remitted on or before 02.08.2021. If the petitioner commits
two consecutive defaults, the 1 st respondent will be at liberty to
proceed against the petitioner in accordance with law.
Sd/-
N. NAGARESH, JUDGE
aks/20.07.2021
WP(C) No.8340/2021
APPENDIX OF WP(C) 8340/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT DATED
01.04.2020 EXECUTED BY THE PETITIONER
IN FAVOUR OF THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED
15.03.2021 DEMANDING A SUM OF
RS.5,29,636/- TOWARDS LICENCE FEES
ARREARS ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.40-
3/2020-DM-1(A) DATED 17.05.2020 ISSUED
BY THE GOVERNMENT OF INDIA MINISTRY OF
HOME AFFAIRS, NEW DELHI.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR
RENEWAL OF LICENCE DATED 28.02.2021
FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
