Salahuddeen M vs Kalamassery Municipality
2022 Latest Caselaw 9261 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 24321 OF 2022
PETITIONER

             SALAHUDDEEN M
             AGED 37 YEARS
             S/O MUHAMMED, MUDAPPILASSERY HOUSE, VAZHIKADAVU VILLAGE,
             NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN-679 333
             BY ADVS.
             V.N.SANKARJEE
             V.N.MADHUSUDANAN
             R.UDAYA JYOTHI
             M.M.VINOD
             M.SUSEELA
             KEERTHI B. CHANDRAN
             VIJAYAN PILLAI P.K.
             C.PURUSHOTHAMAN NAIR
             NITHEESH.M
             SUKANYA S.
RESPONDENTS:

     1       KALAMASSERY MUNICIPALITY
             REPRESENTED BY ITS SECRETARY, KALAMASSERY,
             ERNAKULAM DISTRICT, PIN-679 032
     2       THE SECRETARY,
             KALAMASSERY MUNICIPALITY, KALAMASSERY,
             ERNAKULAM DISTRICT, PIN-679 032
     3       ABU K.K.,
             KUNJIKOCHU HAJI, AGED 82, THATHAMATH HOUSE,
             KADUNGALLOOR VILLAGE, ULIYANNUR KARA, ALUVA TALUK,
             ERNAKULAM DISTRICT, PIN-683 108
     4       INAYATHULLA T.,
             S/O ABIIBACKER M.K., PALLIPARAMBIL HOUSE,
             KURUVA KOOTTILANGADI P.O., MALAPPURAM DISTRICT,
             PIN-676 506
             SRI. M.K.ABOOBACKER-SC -R1 & R2
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.24321 OF 2022
                                    2


                          JUDGMENT

Dated this the 10th day of August, 2022

The petitioner is before this Court seeking to direct the 2 nd

respondent to accept Ext.P4 application and to issue licence

under Section 447 of the Kerala Municipality Act, 1994

(hereinafter referred to as 'the Act, 1994') in accordance with

law, to use the building bearing No.IX/442 as godown.

2. The petitioner states that the petitioner took on lease

a godown owned by the 3rd respondent. The petitioner

submitted Ext.P4 application for licence under Section 447 of

the Act, 1994. Respondents 1 and 2 are not entertaining the

application on the ground that the previous tenant of the

building, the 4th respondent herein, has some dues payable to

respondents 1 and 2.

3. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing respondents 1

and 2.

WP(C) NO.24321 OF 2022

4. Ext.P4 application submitted by the petitioner is a

statutory application for issuance of Municipal Licence. When

such an application is filed, the competent authority is bound to

consider the same in accordance with law, and pass orders

thereon, within a reasonable time. The arrears of licence dues

by an earlier tenant in the building cannot be a reason not to

entertain the application submitted by the petitioner.

In the circumstances, the writ petition is disposed of

directing respondents 1 and 2 to consider Ext.P4 application

for licence submitted by the petitioner, in accordance with law

and pass appropriate orders thereon, within a period of four

weeks.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.24321 OF 2022

APPENDIX OF WP(C) 24321/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RENT AGREEMENT DATED 10.9.2021 EXECUTED BY THE 3RD RESPONDENT AND THE PETITIONER Exhibit P2 TRUE COPY OF THE BUILDING TAX RECEIPT IN THE OF THE NAME OF THE 3RD RESPONDENT DATED 12.4.2021 Exhibit P3 TRUE COPY OF THE LEASE AGREEMENT DATED 1.5.2017 EXECUTED BY THE 3RD AND 4TH RESPONDENTS.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPLICATION APPLICATION DATED 29.3.2021 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT WITH RECEIPT OF EVEN DATE.