Ratheema Ravi vs Thrissur Corporation
2022 Latest Caselaw 11165 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 2ND DAY OF DECEMBER 2022/ 11TH AGRAHAYANA, 1944
                    WP(C) NO. 38657 OF 2022
PETITIONER:

         RATHEEMA RAVI
         AGED 53 YEARS
         KIZHAKKEMURI HOUSE,
         DEVALOKAM, MUTTAMBALAM,
         KOTTAYAM - 686004.

         BY ADVS.
         B.ASHOK SHENOY
         P.S.GIREESH
         SALIH P.A.
         ARJUN R NAIK
         THEJALAKSHMI R.S.


RESPONDENTS:

    1    THRISSUR CORPORATION
         MUNICIPAL OFFICE ROAD,
         REPRESENTED BY ITS SECRETARY.
         THRISSUR - 680001.
    2    THE SECRETARY
         THRISSUR CORPORATION,
         MUNICIPAL OFFICE ROAD,
         THRISSUR - 680001.
    3    THE REVENUE OFFICER
         THRISSUR CORPORATION,
         MUNICIPAL OFFICE ROAD,
         THRISSUR - 680001.
    4    THE MAYOR
         THRISSUR CORPORATION,
         MUNICIPAL OFFICE ROAD,
         THRISSUR - 680001.
    5    THE DEPUTY TAHSILDAR (RR)
         TALUK OFFICE, KOTTAYAM TALUK,
         I FLOOR, MINI CIVIL STATION,
         UNION CLUB ROAD,
         PUTHENANGADY,
         KOTTAYAM - 686001.
 WP(C) No.38657 of 2022
                             :2 :


     6      THE VILLAGE OFFICER
            VILLAGE OFFICE,
            MUTTAMBALAM VILLAGE,
            I FLOOR, MINI CIVIL STATION,
            UNION CLUB ROAD,
            PUTHENANGADY,
            KOTTAYAM - 686001.

            BY ADVS.
            SRI.SANTHOSH P.PODUVAL, STANDING COUNSEL FOR R1
            AND R2.
            SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER.



     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C) No.38657 of 2022
                                 :3 :




                         JUDGMENT

Dated this the 2nd day of December, 2022

The petitioner, who is a tenant of a room comprised in

Sakthan Thampuran Shopping Complex owned by the

1st respondent-Corporation, is before this Court seeking to

keep in abeyance all recovery proceedings pursuant to

Exts.P3, P11 and P12 notices until the final disposal of Ext.P6

statutory appeal filed by her as against Ext.P3 demand notice.

2. The petitioner states that she was in occupation of

a shoproom in the Shopping Complex of the 1 st respondent-

Corporation. The licence period expired on 31.03.2020. The

Revenue Officer of the 1st respondent-Corporation thereafter

issued Ext.P5 demand notice dated 07.04.2022 invoking

Section 215(10)(8) of the Kerala Municipality Act demanding

an amount of `7,86,398/- towards alleged arrears of rent /

licence fee.

WP(C) No.38657 of 2022

3. The petitioner states that aggrieved by Ext.P5, she

has preferred Ext.P6 statutory appeal before the Municipal

Corporation. If pending disposal of the appeal, the

respondents are permitted to proceed with Exts.P3, P11 and

P12, the petitioner will be put to untold hardship and loss.

4. I have heard the learned counsel for the petitioner,

and the learned Standing Counsel representing the

respondents.

5. It is an admitted fact that the petitioner was earlier

occupying a shoproom of the building. According to the

respondents, the petitioner is liable to pay an amount of

`7,86,398/- being arrears of rent / licence fee. Therefore, the

respondents have initiated revenue recovery proceedings

against the petitioner.

6. I find that the petitioner has invoked Section 506 of

the Kerala Municipality Act and Ext.P6 appeal has been

preferred before the Corporation Council. Since the petitioner

has invoked her statutory remedy, it will be only just and

proper that any coercive proceedings against the petitioner WP(C) No.38657 of 2022

pursuant to Exts.P3, P5 and P11 be deferred till the

competent appellate authority takes a final decision in the

appeal.

In the circumstances of the case, the writ petition is

disposed of directing the 1st respondent to consider and pass

appropriate orders on Ext.P6 appeal preferred by the

petitioner within a period of three months. Till a decision is

taken on Ext.P6, any coercive proceedings pursuant to

Exts.P3, P11 and P12 shall stand deferred.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.38657 of 2022

APPENDIX OF WP(C) 38657/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF AGREEMENT DATED 27.04.2019 EXECUTED BY PETITIONER IN FAVOUR OF 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF NOTICE DATED 19.03.2020 SUBMITTED BY PETITIONER TO 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF DEMAND NOTICE NO.R7/25014/2016 DATED 04.03.2022 ISSUED BY 3RD RESPONDENT TO PETITIONER. EXHIBIT P4 TRUE COPY OF REPLY NOTICE DATED 11.03.2022 SENT BY PETITIONER'S COUNSEL, ADV.SONY SEBASTIAN TO 2ND RESPONDENT BY EMAIL DATED 14.03.2022. EXHIBIT P5 TRUE COPY OF NOTICE NO.R7/25014/2016 DATED 07.04.2022 ISSUED BY 3RD RESPONDENT TO PETITIONER.

EXHIBIT P6 TRUE COPY OF MEMORANDUM OF APPEAL DATED 02.11.2022 FILED BY PETITIONER BEFORE THE COUNCIL OF THE 1ST RESPONDENT- CORPORATION.

EXHIBIT P7 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT NO.60282 DATED 02.11.2022 ISSUED BY 1ST RESPONDENT TO PETITIONER ACKNOWLEDGING RECEIPT OF EXHIBIT P6 APPEAL.

EXHIBIT P8 TRUE COPY OF PETITION FOR STAY WITH AFFIDAVIT DATED 02.11.2022 FILED BY PETITIONER BEFORE THE 1ST RESPONDENT - CORPORATION.

EXHIBIT P9 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT NO.60284 DATED 02.11.2022 ISSUED BY 1ST RESPONDENT TO PETITIONER ACKNOWLEDGING RECEIPT OF EXHIBIT P8 PETITION FOR STAY.

EXHIBIT P10 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT NO.60283 DATED 02.11.2022 ISSUED BY 1ST RESPONDENT TO PETITIONER ACKNOWLEDGING RECEIPT OF EXHIBIT P8 PETITION FOR CONDONATION OF DELAY.

WP(C) No.38657 of 2022

EXHIBIT P11 TRUE COPY OF NOTICE RRC NO.2022/10580/08 DATED 17.10.2022 ISSUED IN FORM NO.1 ISSUED BY THE 5TH RESPONDENT TO PETITIONER.

EXHIBIT P12 TRUE COPY OF NOTICE RRC NO.2022/10580/08 DATED 17.10.2022 IN FORM NO.10 ISSUED BY THE 5TH RESPONDENT TO PETITIONER.