Saraswatha Bhai Nair vs State Of Kerala
2022 Latest Caselaw 5830 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                   WP(C) NO. 15532 OF 2022
PETITIONERS:
    1     SARASWATHA BHAI NAIR, AGED 88 YEARS
          W/O.LATE.GOPINATHANNAIR,
          SAMBASA, JUDGE NAGAR, KARAMANA P. O,
          G.MADHAVANPILLA ROAD,
          THIRUVANANTHAPURAM PIN - 695002
    2     R.CHELLAPPA, AGED 80 YEARS
          E-29B, JUDGE NAGAR, KARAMANA P.O,
          G.MADHAVANPILLA ROAD,
          THIRUVANANTHAPURAM, PIN - 695002
    3     MADHAVAN NAIR, AGED 88 YEARS
          S/O SANKARA NARAYANA PILLAI
          E-30, JUDGE NAGAR, KARAMANA P.O,
          G.MADHAVANPILLA ROAD,
          THIRUVANANTHAPURAM, PIN - 695002
    4     V.CHELLAN, AGED 60 YEARS
          S/O VALLINAYAGAM PILLAI
          E-30 A, JUDGE NAGAR, KARAMANA P.O,
          G.MADHAVANPILLA ROAD,
          THIRUVANANTHAPURAM, PIN - 695002
    5     ANAND, AGED 30 YEARS
          S/O C.S JAYARAME-29 A,
          JUDGE NAGAR, KARAMANA P.O, G.MADHAVANPILLA ROAD,
          THIRUVANANTHAPURAM, PIN - 695002
    6     G.SUBASH, AGED 29 YEARS
          E-32, JUDGE NAGAR, KARAMANA P.O,
          G.MADHAVANPILLA ROAD,
          THIRUVANANTHAPURAM, PIN - 695002
    7     SAI BABU, AGED 32 YEARS
          E-31, JUDGE NAGAR, KARAMANA P.O,
          G.MADHAVANPILLA ROAD,
          THIRUVANANTHAPURAM, PIN - 695002

    8     ARUMUGHAN,AGED 38 YEARS
          E-31 A, JUDGE NAGAR, KARAMANA P.O, G.MADHAVANPILLA
          ROAD,
          THIRUVANANTHAPURAM, PIN - 695002
          BY ADVS.V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          NEERAJ NARAYAN
          R.HARIKRISHNAN (KAMBISSERIL)
 W.P.(C).No.15532/2022

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RESPONDENTS:

    1      STATE OF KERALA
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2      CORPORATION OF THIRUVANANTHAPURAM
           REPRESENTED BY SECRETARY, CORPORATION OFFICE,
           THIRUVANANTHAPURAM , PIN - 695001
    3      SECRETARY, CORPORATION OF THIRUVANANTHAPURAM
           CORPORATION OFFICE,
           THIRUVANANTHAPURAM, PIN - 695001
    4      N.S.S KARAYOGAM- KARAMANA, SAHODARA SAMAJAM
           JUDGE NAGAR, G.MADHAVAN PILLA ROAD,
           KARAMANA,
           THIRUVANANTHAPURAM
           REPRESENTED BY ITS SECRETARY
           PIN - 695001
    5      UPENDRAN NAIR
           PRESIDENT N.S.S.KARAYOGAM,
           KARAMANA, JUDGE NAGAR, G.MADHAVAN PILLA
           ROAD,SAHODARA SAMAJAM,
           THIRUVANANTHAPURAM, PIN - 695002
    6      GOPINATHAN NAIR
           SECRETARY, N.S.S KARAYOGAM, KARAMANA, JUDGE
           NAGAR, G.MADHAVAN PILLA ROAD,
           SAHODARA SAMAJAM,
           THIRUVANANTHAPURAM, PIN - 695002
           BY ADVS.SMT.DEEPA NARAYANAN, SR.GP
           N.NANDAKUMARA MENON (SR.)
           D.KISHORE
           R.MURALEEKRISHNAN (MALAKKARA)
           SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.15532/2022

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                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.15532 of 2022
             ----------------------------------------------
            Dated this the 31st day of May, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ in the nature of mandamus or any such other writ direction or orders commanding respondents 2 & 3 to issue D & O license or any other license to respondents 4 to 6 regarding 'Kalyanamandapam' or 'Public or Private Hall' in the Library Hall of N.S.S Karamana Karayogam Situated in Judge Nagar, G.Madhavan Pillai Road, Karamana, Thiruvananthapuram only after hearing the petitioners and only after taking a decision in Ext. P9 complaint. ii. Pass any such further orders which this Hon'ble Court may consider appropriate in the interest of justice and necessary for ventilating the grievance of the petitioner.

(SIC) W.P.(C).No.15532/2022

2. When this writ petition came up for consideration

on 10.05.2022, this Court passed the following order:

"Admit.

Standing Counsel takes notice for respondents 2 and

3. Government Pleader takes notice for the 1st respondent. Notice by speed post returnable in two weeks to respondents 4 to 6. Government Pleader and Standing Counsel to get instructions. There will be an interim order to hear the petitioner also while renewing the D&O licence to the respondents 4 to 6, if the same has not already been granted."

3. Today, when this writ petition came up for

consideration, the learned counsel for respondents 4 to 6

submitted that the Municipality has already considered the

application before getting the interim order passed by this

Court and Ext.R6(b) licence is issued.

In the light of the same, nothing survives in this writ

petition. If the petitioners are aggrieved by Ext.R6(b), they

are free to challenge the same.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.15532/2022

APPENDIX OF WP(C) 15532/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MASS COMPLAINT DATED 08.12.2017 PREFERRED BY THE RESIDENTS OF G.MADHAVAN PILLAI ROAD, KARAMANA TO THIRUVANANTHAPURAM CORPORATION Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED 13.09.2021 FILED BEFORE THE CHAIRMAN, POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF EXHIBIT P2 COMPLAINT TO THE CHAIRMAN, POLLUTION CONTROL BOARD THROUGH REGISTERED POST WITH ACKNOWLEDGMENT DUE DATED 13.09.2021 Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE SECRETARY OF THIRUVANANTHAPURAM CORPORATION DATED 15.09.2021 Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF EXHIBIT P4 COMPLAINT TO THE SECRETARY, THIRUVANANTHAPURAM CORPORATION THROUGH REGISTERED POST WITH ACKNOWLEDGMENT DUE DATED 15.09.2021 Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED 15.03.2022 FILED BY ADVOCATE ARUN V. G AS PER THE PROVISIONS OF RIGHT TO INFORMATION ACT, 2005 Exhibit P7 THE TRUE COPY OF THE REPLY DATED 11.04.2022 NO. RTI/H15/20066/22 Exhibit P8 THE TRUE COPY OF THE LICENSE NO.

140167452100303 DATED 06.03.2021 ISSUED BY THIRUVANANTHAPURAM CORPORATION TO THE 5TH RESPONDENT FOR CONDUCTING 'KALYANAMANDAPAM' IN THE CONTROVERSIAL BUILDING Exhibit P9 THE TRUE COPY OF THE COMPLAINT DATED 30.04.2022 FILED BEFORE THE SECRETARY W.P.(C).No.15532/2022

OF THIRUVANANTHAPURAM CORPORATION Exhibit P10 THE TRUE COPY OF THE RECEIPT DATED 30.04.2022 ACKNOWLEDGING RECEIPT OF EXT. P9 COMPLAINT ISSUED BY THIRUVANANTHAPURAM CORPORATION RESPONDENT EXHIBITS Exhibit R6 A TRUE COPY OF THE LICENSE DATED 6.3.2021 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION TO THE 4TH RESPONDENT.

Exhibit R6 B TRUE COPY OF THE LICENSE DATED 11.5.2022 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION TO THE 4TH RESPONDENT.

Exhibit R6C TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN SMT.K.MEENAKSHI, THE OWNER OF THE LAND AND THE 5TH RESPONDENT, ON BEHALF OF THE KARAYOGAM.