Muhammed Iqbal A vs Ottapalam Municipality
2021 Latest Caselaw 18087 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    WP(C) NO. 16748 OF 2021
PETITIONER :-

          MUHAMMED IQBAL A.,
          MANAGING PARTNER, A.M. MOTORS, FASNA COTTAGE,
          POOKKOTTUR P.O, MALAPPURAM DT., PIN-676 517.

          BY ADVS.
          T.K.AJITH KUMAR
          AISWARYA RAMESAN


RESPONDENTS :-

    1     OTTAPALAM MUNICIPALITY,
          REPRESENTED BY ITS SECRETARY,
          OTTAPALAM P.O, PALAKKAD DISTRICT, PIN-679 101.

    2     THE SECRETARY,
          OTTAPALAM MUNICIPALITY, OTTAPALAM (P.O),
          PALAKKAD DT. PIN-679 101.

          BY SRI.T.P.THAJUDHEEN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16748 OF 2021

                                 -: 2 :-


                               JUDGMENT

Dated this the 3rd day of September, 2021

This writ petition is filed challenging Ext.P14 notice issued to

the petitioner by the Municipality and seeking a direction to the

respondents to consider Ext.P2 application submitted by the

petitioner for D&O licence. It is submitted by the learned counsel for

the petitioner that the petitioner had a deemed licence under Section

447(6) of the Kerala Municipality Act and the non rejection of Ext.P2

application would amount to such a deemed licence. It is submitted

that without considering any of the aspects of the matter as have

been pointed out by the petitioner in Ext.P5, the respondents had

issued Ext.P14, requiring the petitioner to stop the functioning of the

establishment.

2. It is submitted by the learned counsel appearing for the

respondent Municipality, on instructions, that the petitioner had

submitted a detailed reply to Ext.P15 notice and the same is being

considered by the Municipality and that some time is required for a

proper consideration thereof.

In the above view of the matter, I am of the opinion that

the reply submitted by the petitioner to Ext.P14 notice as well as WP(C) NO. 16748 OF 2021

Ext.P5 submitted by the petitioner are liable to be considered in

accordance with law.

There will, accordingly, be a direction to the respondents

to consider the reply admittedly submitted by the petitioner to

Ext.P14 as well as Ext.P5 and to pass appropriate orders thereon

within a period of one month from the date of receipt of a copy of this

judgment. The further proceedings on Ext.P14 shall be taken only

after orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/10.9.2021 WP(C) NO. 16748 OF 2021

APPENDIX OF WP(C) 16748/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED TO THE PROPERTY OWNERS FAROOK AND RASHEEDA BY THE 2ND RESPONDENT. DATED 30.12.2016.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 25.1.2017 SEEKING ISSUANCE OF D& O LICENCE.

Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16.1.2020 SENT BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REPLY DATED 30.01.2020.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 19.11.2020 SUBMITTED BY THE PETITIONER BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR THE PERIOD APRIL 2017 TO SEPTEMBER 2017 WITH RECEIPT DATED 11.9.2017.

Exhibit P7 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR THE PERIOD OCTOBER 2017 TO MARCH 2018 WITH RECEIPT DATED 9.3.2018.

Exhibit P8 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR THE PERIOD APRIL 2018 TO SEPTEMBER 2018 WITH RECEIPT DATED 6.9.2018.

Exhibit P9 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR THE PERIOD OCTOBER 2018 TO MARCH 2019 WITH RECEIPT DATED 7.3.2019.

Exhibit P10 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR THE PERIOD APRIL 2019 TO SEPTEMBER 2019 WITH RECEIPT DATED 23.9.2019.

Exhibit P11 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR WP(C) NO. 16748 OF 2021

THE PERIOD OCTOBER 2019 TO MARCH 2020 WITH RECEIPT DATED 9.3.2020.

Exhibit P12 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR THE PERIOD APRIL 2020 TO SEPTEMBR 2020 WITH RECEIPT DATED 8.9.2020.

Exhibit P13 TRUE COPY OF THE PROFESSIONAL TAX STATEMENT FOR THE PERIOD OCTOBER 2020 TO MARCH 2021 WITH RECEIPT DATED 8.3.2021.

Exhibit P14 TRUE COPY OF THE NOTICE DATED 6.8.2021 ISSUED BY THE 2ND RESPONDENT.