Thrissur District Marketing & ... vs The Thrissur Municipal ...
2022 Latest Caselaw 1846 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                           WP(C) NO. 16016 OF 2011
PETITIONERS:

     1      THRISSUR DISTRICT MARKETING & PROCESSING
            CO-OPERATIVE SOCIETY LTD.R.1164,, REP. BY ITS SECRETARY, JAI
            JOHN.

     2      K.T.VASUDEVAN S/O. THACHU
            KUNNATHULLY HOUSE, P.O.KOORKENCHERY, KOORKENCHERY VILLAGE
            AND DESOM, THRISSUR TALUK AND DISTRICT.

     3      T.S.JANARDHANAN S/O. THERMBIL SANKARAN
            THALIKULAM VILLAGE AND DESOM, P.O.EDASSERY, CHAVAKKAD TALUK,
            THRISSUR DISTRICT.

     4      CHIRIYANKANDATH MEDICALS
            DOOR NO.11, SAKTHAN THAMBURAN NAGAR, SHOPPING COMPLEX,
            SAKTHAN THAMBURAN NAGAR, THRISSUR TALUK,, REP. BY ITS
            MANAGING PARTNER, C.J.MATHEW, S/O. JOSEPH, CHIRIYANKANDATH
            HOUSE, KANJANY ROAD, ARANATTUKARA VILLAGE, THRISSUR TALUK.

     5      K.A.VENUGOPAL
            KAIRALI ENTERPRISES, S/O. LATE K.APPUKUTTY,, KANGHEGAT
            HOUSE, VADEKKAKAD DESOM, VADEKKAKAD, VILLAGE, CHAVAKKAD
            TALUK.

            BY ADVS.
            SRI.JIJO PAUL
            SRI.K.B. GANGESH

RESPONDENTS:
     1      THE THRISSUR MUNICIPAL CORPORATION
            REP. BY ITS SECRETARY, THRISSUR CORPORATION, OFFICE,
            M.O.ROAD, THRISSUR-680 001.

     2      THE SECRETARY
            THRISSUR MUNICIPAL CORPORATION, THRISSUR, CORPORATION
            OFFICE, M.O.ROAD, THRISSUR-680 001.

            BY ADV SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.16016/2011                        2




                                         JUDGMENT

Dated this the 18th day of February, 2022

This writ petition is filed by the petitioners seeking the following reliefs:

(i)Call for the originals of records leading to Exhibits P11 and P13 and the resolution No.6 dated 31.12.2010 of the Finance Standing Committee of the 1st respondent.

(ii) Issue a writ of certiorari quashing the originals of Exhibits P11 and P13 and the resolution No.6 dated 31.12.2010 of the Finance Standing Committee of the 1st respondent.

(iii) Declare that the Finance Standing Committee has no power to override Exhibit P9 and to enhance the rent/license fee of the rooms occupied by the petitioners in Sakthan Arcade, Thrissur.

(iv)Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. Apparently, as per Exhibit P9 resolution passed by the Thrissur Municipal

Corporation dated 28.4.2010 bearing No.G18/21835/09, Sl.No.64, a decision was

taken by the Thrissur Municipal Council, not to increase rent of the building

belonging to the Municipal Corporation. The relief sought for by the petitioners is

for extension of the benefit of Exhibit P9 resolution to the petitioners also.

3. This writ petition is pending before this Court from the year 2011 without

securing any interim order. Therefore, I think it is only appropriate that the writ

petition is disposed of with suitable directions.

4. I have heard learned counsel for petitioners Sri.Gangesh Balakrishnan,

learned Standing Counsel for the Municipality Sri.Santhosh P. Poduval and

perused the pleadings and materials on record.

5. If the petitioners are not still extended with the benefits of Exhibit P9

resolution by the Thrissur Municipal Corporation, petitioners are at liberty to

approach the Municipal Corporation for securing the benefits and if the petitioner

is entitled to secure the benefits of Exhibit P9, I do not find any reason to think

that the Municipality shall not extend the same to the petitioner. However, I make

it clear that, I have not expressed any opinion on the merits of the matter or

entitlement of the petitioner to secure the benefits of Exhibit P9 and if the

petitioner makes any application within one month from the date of receipt of a

copy of this judgment, it shall be considered by the Thrissur Municipal Corporation

within a month thereafter. However, I make it clear that if the subject issue is

already considered, under no circumstances the proceedings shall be re-opened.

Writ petition is disposed of accordingly.

Sd/-

                                                          SHAJI P. CHALY,
smv                                                          JUDGE




                   APPENDIX OF WP(C) 16016/2011
PETITIONER'S EXHIBITS
Exhibit P1              TRUE COPY OF THE DEED OF AGREEMENT NO.

8346/06 DATED 06/12/2006 BETWEEN THE 1ST PETITIONER AND THE TUDA FOR LEASE OF ROOM NO. S 18.

Exhibit P2 TRUE COPY OF THE DEED OF AGREEMENT NO.

4952/07 DATED 18/06/2007 BETWEEN THE 2ND PETITIONER AND THE TUDA FOR LEASE OF ROOM NO. S6 (TC IX/576/9) Exhibit P3 TRUE COPY OF THE DEED OF AGREEMENT NO. 250/07 DATED 10/01/2007 BETWEEN THE 3RD PETITIONER AND THE TUDA FOR LEASE OF ROOM NO. ST-1 (IX/576/27).

Exhibit P4 TRUE COPY OF THE DEED OF AGREEMENT NO. 251/07 DATED 10/01/2007 BETWEEN THE 3RD PETITIONER AND THE TUDA FOR LEASE OF ROOM NO.S-34 (IX/576/10).

Exhibit P5 TRUE COPY OF THE DEED OF AGREEMENT NO.

7563/06 DATED 08/11/2006 BETWEEN THE 4TH PETITIONER AND THE TUDA FOR LEASE OF ROOM NO.S-8 (TC IX/576/10).

Exhibit P6 TRUE COPY OF THE DEED OF AGREEMENT NO.

7564/06 DATED 08/11/2006 BETWEEN THE 5TH PETITIONER AND THE TUDA FOR LEASE OF ROOM NO.S-7 (IX/576/9).

Exhibit P7 TRUE COPY OF COMMUNICATION NO.A6/436/05/TCDW DATED 23/04/2007 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 02/12/2008 ISSUED BY THE 2ND RESPONDENT. Exhibit P9 TRUE COPY OF THE EXTRACT OF RESOLUTION NO.64 DATED 28/04/2010 OF THE THRISSUR CORPORATION. Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 18/06/2010 MADE BY THE PETITIONERS AND OTHERS BEFORE THE MAYOR, THRISUR CORPORATION.

Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED 04/01/2011 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 08/02/2011 MADE BY THE PETITIONERS BEFORE THE MAYOR OF THRISSUR CORPORATION.

Exhibit P13 TRUE COPY OF THE COMMUNICATION NO.DW2/20974/2010 DATED 18/04/2011.

Exhibit P14 TRUE COPY OF THE REPORT NO.DW2/20974/10. Exhibit P15 TRUE COPY OF THE COMMUNICATION NO. REPORT (CIVIL)/III/DP -36/2004-05/44 DATED 15/07/2004 ISSUED BY THE OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT), KERALA. Exhibit P16 TRUE COPY OF COMMUNICATION NO.

19418/G3/04/LSGD DATED 30/04/2004 ISSUED BY THE LOCAL SELF GOVERNMENT (G) DEPARTMENT, GOVERNMENT OF KERALA.

Exhibit P17 TRUE COPY OF THE COMMUNICATION NO. LFT5-

612/08 DATED 06/10/2009 ISSUED BY THE DEPUTY DIRECTOR, THRISSUR DISTRICT LOCAL FUND AUDIT TO THE CHAIRPERSON, THRISSUR CORPORATION.

RESPONDENT EXHIBITS Exhibit R3(A) A TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. GO(MS) NO. 272/2012/LSGD DATED 19/10/2012 PASSED BY THE GOVERNMENT.

Exhibit R3(B) A TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. GO(MS) NO. 141/2013/LSGD DATED 03/04/2013 PASSED BY THE GOVERNMENT.

Exhibit R3(C) A TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. GO (HANDWRITTEN) NO. 191/2013/LSGD DATED 21/05/2013.

Exhibit R3(D) A TRUE COPY OF THE ORDER DATED 11/06/2013 BEARING NO. DW1/14496/13 ISSUED BY THE SECRETARY, THRISSUR CORPORATION.