Abdul Jabbar vs Pattambi Municipality
2022 Latest Caselaw 6764 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                           WP(C) NO. 10933 OF 2021
PETITIONER:

              ABDUL JABBAR,
              AGED 56 YEARS,
              S/O.MUHAMMED KUNJI, PUZHANKARAHILLATH HOUSE,
              KAIPAMANGALAM, CHALINGAD, KODUNGALLUR,
              THRISSUR - 680 681, REPRESENTED BY HIS POWER OF ATTORNEY
              HOLDER K.BABURAJ, S/O.KUTTIKRISHNAN NAIR, AGED 50
              YEARS,KANNAMKUMARATH, PUTHUSSERY, CHERUTHURUTHY, THRISSUR
              DISTRICT - 678 531.
              BY ADVS.
              SANTHEEP ANKARATH
              SMT.C.K.SHERIN

RESPONDENTS:

     1        PATTAMBI MUNICIPALITY
              REPRESENTED BY ITS SECRETARY, PATTAMBI, PALAKKAD DISTRICT,
              PIN - 679 303.
     2        STATION OFFICER
              FIRE AND RESCUE STATION, MELE PATTAMBI P.O.,
              PATTAMBI - 679 306, PALAKKAD DISTRICT.
     3        ACCOMMODATION CONTROLLER
              (TAHSILDAR, PATTAMBI TALUK, TALUK OFFICE, PATTAMBI),
              PATTAMBI, PALAKKAD DISTRICT, PIN - 679 303.
     4        K.H.ABDUL GAFOOR
              S/O.HYDER, KOTTAPURATH HOUSE, PATTAMBI P.O., PALAKKAD
              DISTRICT, PIN - 679 303.
              BY ADVS.
              A.HAROON RASHEE, SC - R1
              SRI.M.S.SAJEEV KUMAR - R4
              SMT.LAKSHMI S KUMAR
              SMT.A.N.JYOTHILEKSHMI
              SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10933 OF 2021
                               2


              P.V.KUNHIKRISHNAN, J.
             ------------------------------
            W.P.(C).No. 10933 of 2021
     ----------------------------------------------
      Dated this the 14th day of June, 2022

                      JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue a writ of mandamus or other appropriate writ, order or direction directing the 2 nd respondent to allow Exhibit P9 representation and permit the petitioner to do the needful for renewal of Fire NOC at his own expenses and renew the Fire NOC for Building KH Arcade, Mele Pattambi, with No.3/755(TUV)(New No.9/100ABC) in Pattambi Municipality within such short time as this Hon'ble Court may deem fit to grant;

(ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to allow Ext.P8 petition filed under Kerala Building (Lease and Rent Control) Act and issue positive direction to the 4th respondent to provide the amenity of fire NOC to the petitioner's leased premises within such short time as this Hon'ble Court may deem fit to grant;

(iii) direct the 1st respondent to provisionally renew the trade licence of the petitioner as applied for in Exhibit P4 application pending disposal of WP(C) NO. 10933 OF 2021

Exhibit P8 and P9 applications before the 2 nd and 3rd respondents;

(iv) issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."[SIC]

2. The petitioner is running a textile business

by name 'Lamiya Silks' in the leased premises owned

by the 4th respondent since 2011. According to the

petitioner, there is an attempt to forcefully evict the

petitioner. The petitioner preferred a suit before the

Civil court against the forceful eviction and he

obtained an interim order. According to the petitioner,

the 4th respondent who is the owner of the building

has to do the needful to procure fire NOC. No action

is initiated against the 4th respondent for non

production of fire NOC by the 1st respondent. On the

other hand, petitioner is now threatened of closure of

his business for no fault of his, is the contention raised

in this writ petition. According to the petitioner, the

trade licence is not renewed because the petitioner WP(C) NO. 10933 OF 2021

has not produced fire NOC. According to the

petitioner, this is a ruse to evict the petitioner by

circumventing due process of law and the local

authority is assisting the landlord under his might and

influence. The petitioner expresses his inability to

produce the fire NOC since the same is to be done by

the 4th respondent. The 4th respondent refused to do

the needful to produce fire NOC. It is also stated by

the petitioner that the petitioner has approached the

Accommodation Controller requesting for initiating

action against the 4th respondent to provide amenities

in the nature of the Fire NOC to the petitioner for the

conduct of the business in the rented premises. It is

the case of the petitioner that, even now the 3 rd

respondent has not taken any steps based on the

application. According to the petitioner, unless the 2 nd

respondent permit the petitioner to do the needful for

getting fire NOC, the 1st respondent will not renew the

trade licence of the petitioner. In such circumstances, WP(C) NO. 10933 OF 2021

this writ petition is filed.

3. Heard counsel appearing for the petitioner

and the counsel appearing for the 1st respondent

Panchayat. I also heard the learned Government

Pleader and the counsel appearing for the 4 th

respondent who is the land owner.

4. It is an admitted fact that there is a Rent

Control Petition pending before the Rent Control

Court, Pattambi and the same is filed by the 4th

respondent. It is also an admitted fact that the

petitioner approached the Accommodation Controller

for getting the amenities as evident by Ext.P8.

5. When this writ petition came up for

consideration on 04.05.2021, this Court passed the

following order:

"Admit.

Standing counsel takes notice for R1. Government Pleader takes notice for R2 and R3. Urgent notice by speed post to R4.

Operation of Exts.P5 and P7 will stand stayed for a period of one month."

WP(C) NO. 10933 OF 2021

6. Exts.P5 and P7 are the notices issued by the

1st respondent directing the petitioner to renew the

licence. Since the disputes between the petitioner and

the 4th respondent is pending before the Rent Control

Court and the Accommodation Controller, I think this

writ petition can be disposed of directing the

Accommodation Controller to consider Ext.P8 within a

time frame and till consideration of Ext.P8, the interim

order can be continued.

Therefore this writ petition is disposed of in the

following manner:

i. The 3rd respondent is directed to

consider and pass appropriate orders in Ext.P8,

after giving an opportunity of hearing to the

petitioner and the 4th respondent, as

expeditiously as possible, at any rate, with in a

period of one month from the date of receipt of

a copy of this judgment.

ii. Till final orders are passed, operation WP(C) NO. 10933 OF 2021

of Exts.P5 and P7 are deferred.

iii. All the contentions of the petitioner

and the 4th respondent before the Rent Control

Court and the Accommodation Controller are left

open.

Sd/-

                                 P.V.KUNHIKRISHNAN
DM                                       JUDGE
 WP(C) NO. 10933 OF 2021


               APPENDIX OF WP(C) 10933/2021

PETITIONER EXHIBITS

EXHIBIT P1         TRUE COPY OF THE LEASE DEED DATED
                   25/4/2011    EXECUTED    BETWEEN   THE

PETITIONER AND THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF PLAINT DATED 26/11/2020 IN O.S.NO.152/2020 ON THE FILE OF THE MUNSIFF'S COURT, PATTAMBI.

EXHIBIT P3 TRUE COPY OF ORDER DATED 27/11/2020 IN I.A.NO.918/2020 IN O.S.NO.152/2020 PASSED BY MUNSIFF-MAGISTRATE'S COURT, PATTAMBI.

EXHIBIT P4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR RENEWAL OF TRADE LICENSE ALONG WITH ITS RECEIPT DT. 22/10/2020.

EXHIBIT P5 TRUE COPY OF REPLY DATED 05/02/2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF REPLY DATED 19/2/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF NOTICE NO.H1-8494/20 DATED 23/4/2021 (RECEIVED BY THE PETITIONER ON 28/4/2021) ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF PETITION DATED 7/4/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF PETITION DATED 29/4/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL

             //TRUE COPY//          PA TO JUDGE