A.C. Rafeeq vs Thalassery Municipality
2021 Latest Caselaw 19083 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                        WP(C) NO. 18737 OF 2021
PETITIONER:

          A.C. RAFEEQ
          AGED 52 YEARS
          S/O M.K.KUNHAMED,
          MEHEK, THALASSERY-670101.

          BY ADVS.
          T.P.SAJID
          SHIFA LATHEEF


RESPONDENTS:

    1     THALASSERY MUNICIPALITY
          THALASSERY MUNICIPAL OFFICE, M G ROAD, PALISSERY,
          THALASSERY-670101, REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY
          THALASSERY MUNICIPALITY, THALASSERY MUNICIPAL OFFICE,
          M G ROAD, PALISSERY, THALASSERY-670101,
          REPRESENTED BY ITS SECRETARY.

          SRI.I.V.PRAMOD,SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18737 OF 2021

                                         2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus or other appropriate writ or order directing respondents to release the security deposit of the petitioner as evidenced by Ext.P1.

(ii) To issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to consider and pass final orders on Ext.P9 representation with notice and opportunity of hearing to the petitioner forthwith or within such time as this Hon'ble Court may deem just and proper in the interest of justice."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had obtained lease in respect of shop rooms in the Fish

Market Shopping Complex of the Thalassery Municipality and had

deposited an amount of Rs.25,00,000/- as security deposit. It is submitted

that the Municipality did not provide the electricity connection for the

functioning of the business and the petitioner had to surrender his lease

right. As the petitioner had lost the receipts of the security deposit,

Ext.P1 bond was executed before the Municipality. However, the request WP(C) NO. 18737 OF 2021

for refund of the security deposit has not been entertained. The

petitioner has moved Ext.P9 representation before the Secretary of the

Thalassery Municipality and seeks a consideration thereof.

4. Having heard the learned standing counsel also, there will be a

direction to the 2nd respondent to take up, consider and pass orders on

Ext.P9 representation preferred by the petitioner. If required, the 2 nd

respondent shall place the matter before the counsel of the 1 st

respondent for a proper consideration. Appropriate orders shall be

passed within a period of two months from the date of receipt of a copy

of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 18737 OF 2021

APPENDIX OF WP(C) 18737/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE INDEMNITY BOND DATED 15/1/2013 EXECUTED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LAWYER NOTICE DATED 11/3/2013 SEND BY THE PETITIONER TO THE RESPONDENT.

Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXT.P2.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 13/04/2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPLY DATED 11/05/2021 ISSUED BY THE RESPONDENT.

Exhibit P6 TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 23.12.2020.

Exhibit P7 TRUE COPY OF THE REPORT DATED 16.11.2020 ISSUED BY THE RADIOLOGIST DEPARTMENT, ASTER MIMS.

Exhibit P8 TRUE COPY OF THE PRESCRIPTION DATED 19.10.2020 ISSUED BY DR.SANDEEP SREEDHARAN, MD, DM, NEPHROLOGIST.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 22/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (EXCLUDING ANNEXURES).

RESPONDENT'S/S EXHIBITS: NIL