Parameswaran Pillai vs The Kottarakkara Municipality
2021 Latest Caselaw 10784 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                        WP(C).No.7777 OF 2021(V)


PETITIONER/S:

                PARAMESWARAN PILLAI,AGED 63 YEARS
                S/O.AYYAPPAN PILLAI, VADAKKADATHU KIZHAKKETHIL VEEDU,
                CHERIYELA, ALUMOODU P.O., THRIKKOVILVATTAM,
                KOLLAM 691 577

                BY ADVS.
                SRI.P.B.SAHASRANAMAN
                SRI.T.S.HARIKUMAR

RESPONDENT/S:

      1         THE KOTTARAKKARA MUNICIPALITY
                KOTTARAKARA P.O., KOLLAM 691 506, REP.BY ITS
                SECRETARY

      2         THE MUNICIPAL COUNCIL
                KOTTARAKKARA MUNICIPALITY, KOTTARAKARA P.O., KOLLAM
                691 506, REP.BY ITS CHAIRMAN.

      3         UNNIKRISHNAN NAIR
                S/O.THANKAPPAN PILLAI, REVATHI, PADINJATTINKARA,
                KOTTARAKKARA, KOLLAM 691 506

                R1 & R2 BY ADV.SRI.M.K.CHANDRAMOHANDAS, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7777 OF 2021(V)



                                JUDGMENT

Dated this the 30th day of March 2021

The petitioner is conducting a plywood and glass

hardware shop in the building No.IX/1068 of Kottarakkara

Municipality, owned by the 3rd respondent, since the year

2016. The application submitted by the petitioner before the

Secretary of the 1st respondent seeking renewal of D & O

licence for the year 2021-2022 was not accepted for the

reason that the building is classified in the residential

category in the assessment register.

2. The 3rd respondent has submitted an application for

change of occupancy in respect of the building and the same

is pending consideration before the Municipality.

3. In the circumstances, it is ordered that Ext P5

application seeking renewal of D & O licence, if resubmitted

by the petitioner, shall be considered notwithstanding the

nature of occupancy of the building as is presently entered

in the municipal records.

Writ petition disposed of as above.

Sd/-

                                              SATHISH NINAN

 VDV                                              JUDGE
 WP(C).No.7777 OF 2021(V)




                            APPENDIX
 PETITIONER'S/S EXHIBITS:

 EXHIBIT P1           TRUE PHOTOSTAT COPY OF THE RENT DEED
                      DATED 4.2.2016

 EXHIBIT P2           TRUE PHOTOSTAT COPY OF THE RENT DEED
                      DATED 1.2.2021

 EXHIBIT P3           TRUE PHOTOSTAT COPY OF THE D AND O

LICENSE FOR THE PREMISE FOR THE BUSINESS OF THE PETITIONER UPTO 2019-20 ISSUED BY THE 1ST RESPONDENT DATED 22.2.2019

EXHIBIT P4 TUE PHOTOSTAT COPY OF THE FEE RECEIVED BY THE 1ST RESPONDENT FOR THE D AND O LICENSE FOR THE YEAR 2020-21 DATED 29.2.2020

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR THE D AND O LICENSE FOR THE YEAR 2021 -22 DATED 23.2.2021