Vincent P.J vs Kothamangalam Municipality
2022 Latest Caselaw 6505 Ker

WP(C) NO. 9585 OF 2022              1



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                           WP(C) NO. 9585 OF 2022
PETITIONER/S:
           VINCENT P.J.
           AGED 64 YEARS
           SON OF JOSEPH, PULIKKAL HOUSE, TOWER NO 2 , PRESTIGE
           NEPTUNE COURTYARD, HIGH COURT PO, GOSHREE BRIDGE, KOCHI,
           PIN - 682031

               BY ADVS.
               PEEYUS A.KOTTAM
               JOMON J. MALIEKAL
               AJMAL AHMED R.
               MARIYA P KOTTAM
               ARJUN S BENEDICT


RESPONDENT/S:
     1     KOTHAMANGALAM MUNICIPALITY
           ALUVA-MUNNAR ROAD,
           - SH 16, KOTHAMANGALAM, PIN - 686666

      2        ANAND THOMAS
               AGED 38 YEARS
               SON OF LATE A.K.THOMAS,
               ATTELI HOUSE, KARUKADOM P.O,
               KOTHAMANGALAM, PIN - 686691

      3        ASHA LILLY THOMAS
               DAUGHTER OF A.K.THOMAS,
               RESIDING AT J6, GALAXY GREENS, KAKKANAD, PIN - 682030

               BY ADV SHRI.JOICE GEORGE, SC, KOTHAMANGALAM MUNICIPALITY


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9585 OF 2022                     2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C.) No. 9585 of 2022
                      --------------------------------------
                  Dated this the 8th day of June, 2022


                                      JUDGMENT

The above writ petition is filed with following prayers :

"Issue a writ of mandamus or any other appropriate writ and thereby command the 1st respondent to take immediate steps to close down the Ladies Hostel being illegal conducted by the 2 nd respondent in the petitioner's building bearing Door No.17/1003 without any valid license from the 1 st respondent municipality.

b) Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command the 1 st respondent to take a decision as directed in Exhibit P4 order of the Tribunal and also direct to the 1st respondent Municipality to reject 2nd respondent's application for license since the application is submitted without complying the mandatory conditions stipulated in Rule 11(1) of Kerala Municipality (Issue of License to Dangerous and Offensive Trades and Factories) Rules, 2011 and Section 492(3) of Kerala Municipality Act, 1994.

c) Grant such other reliefs which are just and necessary in the interest of justice." [SIC]

2. The main prayer in the writ petition is to issue

appropriate direction to the 1st respondent to take immediate

steps to close down the ladies hostel being illegally conducted

by the 2nd respondent in the petitioner's building bearing

No.17/1003 of Kothamangalam Village, without any valid

license or permission from the 1 st respondent - Municipality.

The 2nd prayer in the writ petition is to issue appropriate

direction to the 1st respondent to take a decision as directed in

Ext.P4 order of the Tribunal and also direct the 1st respondent-

Municipality to reject the 2nd respondent's application for

license since the application is submitted without complying

the mandatory conditions stipulated in Rule 11(1) of Kerala

Municipality (Issue of License to Dangerous and Offensive

Trades and Factories) Rules, 2011 and Sec.492(3) of Kerala

Municipality Act, 1994.

3. When this writ petition came up for consideration,

this Court issued notice to the respondents. Even though notice

is served, there is no appearance for respondent Nos. 2 and 3.

The counsel appearing for the 1st respondent submitted that

the 2nd respondent applied for a license for conducting a ladies

hostel and the same was rejected and it was confirmed by the

council of the Municipality and necessary steps will be taken

by the 1st respondent to see that the premises of the 2 nd

respondent is closed down.

In the light of the above submission, this writ petition can

be disposed of with the following directions :

1) The 1st respondent will do the needful to see that the

ladies hostel alleged to be conducted by the 2nd

respondent is closed down, if there is no license or other

permission from the statutory authorities.

2) The above exercise should be completed by the 1st

respondent as expeditiously as possible, at any rate,

within 10 days from the date of receipt of a copy of this

judgment.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 9585/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF LEASE AGREEMENT DATED 01.07.2016 EXECUTED BETWEEN PETITIONER AND 3RD RESPONDENT

Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY, KOTHAMANGALAM MUNICIPALITY DATED 14.05.2020

Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS OF THE MUNICIPAL COUNCIL DATED 10.05.2021

Exhibit P4 THE TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM DATED 27.11.2021

Exhibit P5 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE HONORABLE TRIBUNAL

Exhibit P6 THE TRUE COPY OF THE PLAINT FILED THE BY 2ND RESPONDENT IN O.S. 623 OF 2019 IN THE FILE OF HONORABLE MUNSIFF COURT, KOTHAMANGALAM

Exhibit P7 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. 623 OF 2019 IN THE FILE OF HONORABLE MUNSIFF COURT, KOTHAMANGALAM

Exhibit P8 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPALITY DATED 31.01.2022