Kerala High Court
National Hardwares vs The Thodupuzha Municipality on 12 April, 2023
WP(C) No.13440/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
WP(C) NO. 13440 OF 2023
PETITIONER:
NATIONAL HARDWARES, REPRESENTED BY ITS MANAGING PARTNER, TOM J.
KALLARACKAL, AGED 53 YEARS, S/O K.M. JOSEPH, KALLARACKAL HOUSE,
THONDIKUZHA KARA, KARIKODE, MUTHALAKODAM P.O., IDUKKI DISTRICT, PIN
- 685605.
RESPONDENTS:
1. THE THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, THODUPUZHA P.O,
IDUKKI DISTRICT, PIN - 685584.
2. THE SECRETARY, THE THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE,
THODUPUZHA P.O, IDUKKI DISTRICT, PIN - 685584.
3. ANTONY C. KONGAMALA, AGED 58 YEARS, S/O K.J. CHUMMAR, KONGAMALA
HOUSE, MUTHALAKODAM P.O., THODUPUZHA, IDUKKI DISTRICT, PIN - 685605.
4. MINI ANTONY, AGED 55 YEARS W/O ANTONY, KONGAMALA HOUSE, MUTHALAKODAM
P.O., THODUPUZHA, IDUKKI DISTRICT, PIN - 685605.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavitfiled along with the WP(C) the High Court be
pleased to direct Respondent No.2 to renew and issue a trade licence to
the Petitioner as applied for under Exhibit P22 application for the year
2023 - 24, pending disposal of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
m/s. MANU VYASAN PETER, P.B.KRISHNAN & SABU GEORGE, Advocates for the
petitioner, the court passed the following:
WP(C) No.13440/2023 2/4
ANU SIVARAMAN, J
==========================
W.P.(C). No.13440 of 2023
============= ============
Dated this the 12th day of April, 2023
ORDER
Admit. Learned standing counsel takes notice for the respondents 1 and
2. Issue notice to respondents 3 and 4 by speed post.
There will be an interim direction to the respondents to reconsider the
application for renewal of trade licence to the petitioner, on condition that the
petitioner remits the arrears of rent in respect of the property and submits a
written undertaking before the Secretary that business will be carried out only
in the licenced premises. Appropriate orders shall be passed within a period of
two weeks from the date of receipt of a copy of this order. In case the admitted
arrears of property tax is not remitted by either the owner of the property or the
petitioner, the respondents shall be free to proceed in accordance with law.
Post on 02.06.2023.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) No.13440/2023 3/4
APPENDIX OF WP(C) 13440/2023
Exhibit P1 TRUE COPY OF THE LEASE DEED BEARING NO. 1943/2018
REGISTERED WITH SRO THODUPUZHA
Exhibit P2 TRUE COPY OF THE LICENCE DEED DATED 07.08.2019
Exhibit P3 TRUE COPY OF THE GST REGISTRATION CERTIFICATE BEARING
NO. 32AAOFN7147D1ZA ISSUED BY GOVERNMENT OF INDIA DATED
25.11.2020
Exhibit P4 TRUE COPY OF THE LICENCE BEARING NO. 130190012101692
DATED 02-09-2021 ISSUED BY THE THODUPUZHA MUNICIPALITY
Exhibit P5 TRUE COPY OF THE ORDER BEARING NO. T2-14681/2021 DATED
01.01.2022 ISSUED BY THE SECRETARY, THODUPUZHA
MUNICIPALITY
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 29.01.2022 SUBMITTED
BY THE RESPONDENT NO.4 BEFORE THE THODUPUZHA
MUNICIPALITY
Exhibit P7 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED
29.01.2022 ISSUED BY THE THODUPUZHA MUNICIPALITY
Exhibit P8 TRUE COPY OF THE NOTICE DATED 02.02.2022 ISSUED BY THE
SECRETARY, THODUPUZHA MUNICIPALITY
Exhibit P9 TRUE COPY OF THE NOTICE BEARING NO. H2-5317/22 DATED
04.03.2022 ISSUED BY THE THODUPUZHA MUNICIPALITY
Exhibit P10 TRUE COPY OF THE APPLICATION FOR REGULARIZATION
SUBMITTED BY RESPONDENT NO.4 DATED 04.03.2022 BEFORE
THE THODUPUZHA MUNICIPALITY
Exhibit P11 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED
07.03.2022 ISSUED BY THE THODUPUZHA MUNICIPALITY
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 10.03.2022 IN W.P(C)
NO. 8037 OF 2022
Exhibit P13 TRUE COPY OF THE NOTICE DATED 31.03.2022 ISSUED BY THE
RESPONDENT NO.2
Exhibit P14 TRUE COPY OF THE NOTICE DATED 01.04.2022 ISSUED BY
HEALTH SUPERVISOR, THODUPUZHA MUNICIPALITY
Exhibit P15 TRUE COPY OF THE INTERIM ORDER DATED 08.04.2022 IN
W.P(C) NO. 13233 OF 2022 ON THE FILE OF THIS HON'BLE
COURT
Exhibit P16 TRUE COPY OF THE TRADE LICENCE DATED 06.05.2022 ISSUED
BY THE HEALTH SUPERVISOR, THODUPUZHA MUNICIPALITY
Exhibit P17 TRUE COPY OF THE PROCEEDINGS DATED 04.05.2022 ISSUED BY
THE SECRETARY-IN-CHARGE, THODUPUZHA MUNICIPALITY
Exhibit P18 TRUE COPY OF THE LEASE DEED BEARING NO.1000/I/2022
DATED 02.04.2022 OF SRO THODUPUZHA
Exhibit P19 TRUE COPY OF THE BUILDING TAX ASSESSMENT ORDER NO.
C5/138065-215683/2022 DATED 20.02.2023 ISSUED BY THE
TAHSILDAR, THODUPUZHA
Exhibit P20 TRUE COPY OF THE NOTICE DATED 06.01.2023 ISSUED BY THE
SECRETARY, THODUPUZHA MUNICIPALITY
Exhibit P21 TRUE COPY OF THE REPLY DATED 07.03.2023 SUBMITTED BY
THE PETITIONER
Exhibit P22 TRUE COPY OF THE APPLICATION FOR LICENCE DATED
25.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE
THODUPUZHA MUNICIPALITY
WP(C) No.13440/2023 4/4
Exhibit P23 TRUE COPY OF THE RECEIPT DATED 25.02.2023 ISSUED BY THE
THODUPUZHA MUNICIPALITY
Exhibit P24 TRUE COPY OF THE NOTICE DATED 01.03.2013 ISSUED BY THE
HEALTH SUPERVISOR, THODUPUZHA MUNICIPALITY
Exhibit P25 TRUE COPY OF THE REPLY LETTER DATED 07.03.2023
SUBMITTED BY THE PETITIONER
Exhibit P26 TRUE COPY OF THE LEGAL NOTICE DATED 10.01.2022 ISSUED
ON BEHALF OF RESPONDENT NO.4
Exhibit P27 TRUE COPY OF THE REPLY NOTICE DATED 05.02.2022 ISSUED
ON BEHALF OF THE PETITIONER
