Sharmila Shagil vs Thalasseri Municipality
2022 Latest Caselaw 10355 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                     WP(C) NO. 31746 OF 2022
PETITIONER

            SHARMILA SHAGIL.,
            AGED 47 YEARS
            D/O.LATE K.P.SIVADASAN, KPS BAMBOO MART,
            THALASSERI, RESIDING AT TAKSH, MUZHUPPILANGAD,
            KANNUR - 670 673

            BY ADVS.
            K.MOHANAKANNAN
            H.PRAVEEN (KOTTARAKARA)

RESPONDENTS

    1       THALASSERI MUNICIPALITY
            MG ROAD, PALISSERY, THALASSERY, KERALA 670101
            REPRESENTED BY ITS SECRETARY

    2       THE SECRETARY
            THALASSERI MUNICIPALITY, MG ROAD, PALISSERY,
            THALASSERY-670101

    3       SAROJINI SIVADAS,
            W/O.LATE KP SIVADASAN, SIVASHANTHI THIRUVANGAD
            PO, THALASSERI -670 103

    4       SHAGIL PRAVEEN LAL,
            D/O.KP SIVADASAN, PUSHPA COTTAGE, NEAR
            MUTHAPPANKAVU, ERANHIPALAM PO, KOZHIKODE -673 006

            SRI.I.V.PRAMOD SC FOR R1 AND R2
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   07.10.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.31746 of 2022         2
]

                          JUDGMENT

Dated this the 7th day of October, 2022

The petitioner states that he was granted a D&O licence

by the 1st respondent-Municipality for conducting bamboo shop.

The licence granted to the petitioner was renewed from time to

time and is valid upto 31.03.2023.

2. A partition Suit in respect of the property held by the

petitioner's father is pending as O.S.No.45 of 2022 before the

Principal Sub Court, Thalassery. While the Suit was pending, by

Ext.P3 order the licence issued to the petitioner has been

cancelled. The petitioner states that the licence has been

cancelled on the basis of a complaint made by one of the

co-owners of the property. Now, Exts.P4 and P5 prosecution

notices have been issued against the petitioner.

3. The petitioner would submit that even going by the

provisions of the Kerala Municipality Act and Rules, there is no

provision for cancellation of a licence on the ground of a

complaint by a co-owner of the building.

]

4. The learned Standing Counsel for respondents 1 and 2

entered appearance and resisted the writ petition. The Standing

Counsel controverted all the material allegations made by the

petitioner in the writ petition. It is submitted on behalf of the

respondents that the property originally belonged to the father

of the petitioner and upon his demise, the property devolved on

the petitioner, her mother and other siblings of the petitioner.

Since the mother has filed a complaint against the petitioner,

the proceedings were initiated.

5. I have heard the learned counsel for the petitioner and

the learned Standing Counsel for the respondents.

6. In view of the facts as discernible from the pleadings in

the writ petition and the arguments, this Court is of the view

that the writ petition can be disposed of directing the

respondents to grant an opportunity of personal hearing to the

petitioner before taking a final decision in the matter.

7. In the circumstances, the parties to the writ petition

shall treat Exts.P3 to P5 as show cause notices issued to the

] petitioner. The petitioner will be at liberty to file objections to

Exts.P3 to P5 within a period of two weeks. Respondents 1 and

2 shall take a final decision in the matter after considering

objection, if any, filed by the petitioner and after granting an

opportunity of hearing to the petitioner and other affected

parties. A decision in this regard shall be taken within a period

of three months. Till a final decision is taken as directed above,

operation of Exts.P3 to P5 shall stand deferred.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE

smm/ 11.10.2022

]

APPENDIX OF WP(C) 31746/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENCE DATED 30-6-2022 ISSUED BY THE MUNICIPALITY Exhibit P2 TRUE COPY OF THE PLAINT OS 45/2022 FILED BY RESPONDENT 3 AND 4 BEFORE THE SUB COURT, THALASSERI Exhibit P3 TRUE COPY OF THE ORDER NO.H2-20392/22 DATED 25-722 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TED 27-7-22 Exhibit P5 TRUE COPY OF THE NOTICE DATED 27-8-2022 ISSUED BY THE IST RESPONDENT