Sumiya Alikunju vs The Perumbavoor Municipality
2022 Latest Caselaw 9045 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022/5TH SRAVANA, 1944
                WP(C) NO. 20137 OF 2022
PETITIONER

          SUMIYA ALIKUNJU,
          AGED 37 YEARS
          W/O. LATE ALIKUNJU, KOROTHUKUDY HOUSE,
          SOPHIYA COLLEGE ROAD, PERUMBAVOOR-683542.
          BY ADVS.
          C.A.NAVAS
          T.K.SASIKUMAR


RESPONDENTS

   1      THE PERUMBAVOOR MUNICIPALITY,
          REPRESENTED BY THE SECRETARY, MUNICIPAL
          OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT-
          683542.
   2      THE SECRETARY,
          PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE,
          PERUMBAVOOR, ERNAKULAM DISTRICT-683542.
          BY ADV SHRI.MATHEW B.KURIAN, SC, PERUMBAVOOR
          MUNICIPALITY


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.20137 of 2022         2
]


                      JUDGMENT

Dated this the 27th day of July, 2022

The petitioner, who is running an Ayurvedic

Clinic namely 'Karothukudy Ayurveda Chikilsalayam' in

Sophiya College Road in Perumbavoor, has filed this

writ petition praying that the respondents be directed to

renew the licence of the petitioner to run the Ayurveda

Clinic namely 'Dr. Alikunju Memorial Karothukudy

Ayurveda Hospital'.

2. The respondent-Municipality resisted the writ

petition filing a Statement. The Statement would show

that the petitioner does not hold a licence as on date

and the application submitted by the petitioner is

defective inasmuch as no name and signature of

applicant is seen in the application. The Consent letter

of the building owner is also not provided. Paramedical

Registration Certificate is also lacking.

]

3. When the writ petition came up for hearing

today, the learned counsel for the petitioner brought to

the notice of this Court the proceedings of the File

Adalat conducted by the Secretary to the Municipality

on 08.07.2022. The said proceedings No.PH2-

15730/2021 dated 08.07.2022 states that it has been

decided to consider the application submitted by the

petitioner and permitted running of the Clinic in a

portion of the building.

In view of the said decision taken in the Adalat

held by the Secretary, the writ petition is disposed of

recording the said decision. It is made clear that if there

is any defect in the application submitted by the

petitioner for issuance/renewal of licence, the petitioner

will be liable to cure the defects.

Sd/-

N. NAGARESH, JUDGE smm/27.07.2022

]

APPENDIX OF WP(C) 20137/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MUNICIPAL LICENSE NO. 472/2017-18 DATED 15/06/2017. Exhibit P2 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 27/03/2017.

Exhibit P3 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 27/01/2018.

Exhibit P4 TRUE COPY OF THE PROFESSIONAL TAX DEMAND NOTICE FOR THE YEAR 2020-

Exhibit P5 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 18/01/2022.

Exhibit P6 TRUE COPY OF THE LICENSE APPLICATION DATED 17/04/2021. Exhibit P7 TRUE COPY OF THE LICENSE APPLICATION DATED 23/12/2021. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 23/12/2021.

Exhibit P9 TRUE COPY OF THE CONSENT LETTER. Exhibit P10 TRUE COPY OF THE UNDERTAKING FILED BY THE PETITIONER.

Exhibit P11 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 23/07/2021.