P.P.Saru vs Thalassery Municipality
2022 Latest Caselaw 5387 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 15569 OF 2022
PETITIONER:

            P.P.SARU
            AGED 65 YEARS
            W/O. LATE DR.MAMOOTTY, RESIDING AT SARAS,
            ACHARATH ROAD, P.O. TEMPLE GATE, THALASSERY,
            KANNUR DISTRICT, PIN-670 102
            BY ADVS.
            M.V.AMARESAN
            S.S.ARAVIND
RESPONDENTS:

    1       THALASSERY MUNICIPALITY
            THALASSERY P.O., KANNUR DISTRICT,
            REPRESENTED BY ITS SECRETARY, PIN-670 101
    2       SECRETARY,
            THALASSERY MUNICIPALITY, THALASSERY P.O.,
            KANNUR DISTRICT,PIN-670 101
            SRI.I.V.PRAMOD, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15569 OF 2022

                                      2


                                JUDGMENT

Dated this the 20th day of May, 2022

This writ petition is filed seeking directions to the respondents to

consider Ext.P5 application to renew Ext.P1 rent deed of the building

bearing door No.45/1431 of Thalassery Municipality as well as the

hospital licence.

2. Having heard the learned standing counsel also, I am of the

opinion that Ext.P5 application, which has been submitted by the

petitioner, is liable to be considered in accordance with law. There will,

accordingly, be a direction to the 2nd respondent to take up Ext.P5

application and to consider and pass orders on the same, after hearing

the petitioner as well. Appropriate orders shall be passed within a

period of one month from the date of receipt of a copy of this judgment.

Till such time, coercive action shall not be taken against the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15569 OF 2022

APPENDIX OF WP(C) 15569/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF FRESH BILATERAL RENT DEED EXECUTED BY THE PETITIONER AND THE RESPONDENTS DATED 06.10.2021.

Exhibit P2 TRUE COPY OF RENT RECEIPT DATED 13.2.2022 ISSUED BY THE RESPONDENTS TO THE PETITIONER. Exhibit P3 TRUE COPY OF RECEIPT DATED 29.03.2022 ISSUED BY THE RESPONDENTS FOR REMITTING REGISTRATION FEES FOR PRIVATE HOSPITAL AND PARAMEDICAL INSTITUTIONS BY THE PETITIONER.

Exhibit P4 TRUE COPY OF FEES RECEIPT DATED 25-3-2022 ISSUED BY THE RESPONDENTS TO THE PETITIONER FOR RENEWAL OF LICENCE FOR THE INSTITUTION. Exhibit P5 TRUE COPY OF APPLICATION DATED 30-3-2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS FOR RENEWAL OF THE RENT DEED. Exhibit P5A TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY THE RESPONDENTS DATED 31.03.2022 BEARING INWARD NO. 15053 RECEIVED EXHIBIT P5 FROM THE PETITIONER.

Exhibit P6 TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 31.3.2022 BEARING INWARD NO. 9640. Exhibit P7 TRUE COPY OF REGISTRATION CERTIFICATE BEARING NO. SH131270010784 DATED 30.09.1996 ISSUED BY THE RESPONDENT TO PETITIONER'S HOSPITAL. RESPONDENTS' EXHIBITS: NIL