Kerala High Court
The Secretary, Thrissur District ... vs Corporation Of Thrissur on 12 April, 2023
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. 13482 OF 2023
PETITIONERS:
1 THE SECRETARY,
THRISSUR DISTRICT MARKETING & PROCESSING CO-OPERATIVE
SOCIETY LTD., REG. NO. 1164 ROOM NO. S18,
SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD,
THRISSUR DISTRICT, PIN - 680001
2 JOPHY MATHEW .C
AGED 52 YEARS
S/O. C J MATHEW, ROOM NO. S8, SAKTHAN ARCADE, MUNICIPAL
OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
3 MANIKANDAN A.C
AGED 37 YEARS
S/O. CHANDRAN, ROOM NO. S31, SAKTHAN ARCADE, MUNICIPAL
OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
4 JISSO GEORGE .N
AGED 50 YEARS, S/O. GEORGE, ROOM NO. S28,
FIRST FLOOR, SAKTHAN ARCADE, MUNICIPAL OFFICE ROAD,
THRISSUR DISTRICT, PIN - 680001
5 K.T. VASUDEVAN
AGED 67 YEARS
S/O. TACHU, ROOM NO. S6, SAKTHAN ARCADE, MUNICIPAL
OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
6 K.V. VINEESH
AGED 48 YEARS
S/O. VELAYUDHAN, ROOM NO. S27, SAKTHAN ARCADE,
MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
7 P.V.SUDHEESH
AGED 46 YEARS
S/O. VASU, ROOM NO. S19, SAKTHAN ARCADE, MUNICIPAL
OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
8 K.A.VENUGOPAL
AGED 58 YEARS
S/O. APPUKKUTTY, ROOM NO. S7, SAKTHAN ARCADE, MUNICIPAL
OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
9 SHEEJA SIVADAS
AGED 56 YEARS
D/O. APPUKKUTTY, ROOM NO. S2, SAKTHAN ARCADE, MUNICIPAL
OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
10 BETTY JOSE
AGED 50 YEARS
W/O. JOSE, ROOM NO. S3, SAKTHAN ARCADE, MUNICIPAL
OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
WP(C) NO.13482 OF 2023
2
11 BIJU .P,M
AGED 43 YEARS
S/O. P K MANI, ROOM NOS. S44 AND S45, SAKTHAN ARCADE,
MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
12 SHERLI BABU
AGED 52 YEARS
W/O. BABU, ROOM NO. S9 SAKTHAN ARCADE, MUNICIPAL OFFICE
ROAD, THRISSUR DISTRICT, PIN - 680001
13 BIJOY PRASAD
AGED 47 YEARS
S/O. TAVANILATH ACHUTAN, ROOM NO. S33, SAKTHAN ARCADE,
MUNICIPAL OFFICE ROAD, THRISSUR DISTRICT, PIN - 680001
BY ADVS.
K.B.GANGESH
SMITHA CHATHANARAMBATH
ATHIRA A.MENON
RESPONDENTS:
1 CORPORATION OF THRISSUR
REP. BY ITS SECRETARY, THRISSUR, PIN - 680001
2 THE SECRETARY
CORPORATION OF THRISSUR, THRISSUR, PIN - 680001
SRI.SANTHOSH P.PODUVAL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.13482 OF 2023
3
JUDGMENT
Dated this the 12th day of April, 2023
This writ petition is filed seeking the following prayers:
"(i) a Writ of mandamus or any other appropriate writ, order
or direction commanding the respondents to consider Ext.P2
request preferred by the petitioners on merits and provide
adequate reliefs to them as prayed for therein;
(ii) a Writ of mandamus or any other appropriate writ, order
or direction commanding the respondents not to refuse trade
licences to the petitioners on account of non payment of
enhanced licence fee with penal interest with effect from
January 2022 and not to take any other coercive action
against the petitioners for non payment of arrears as
aforesaid in respect of their respective shop rooms leased out
from the 1st respondent till a final decision is arrived at by the
respondents in Ext. P2 and other identical requests pending
before them.
2. Heard the learned counsel for the petitioners and the learned
standing counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioners that the
petitioners are licensees of various rooms in the building that belong to
the respondent Corporation. It is submitted that a revision of licence fee
has been effected retrospectively and notice has been issued to the tenants
for payment of the revised licence fee with interest from January, 2022.
The petitioners preferred Ext.P2 representation seeking deferring of
WP(C) NO.13482 OF 2023
enhancement of licence fee by five years as also seeking withdrawal of
the retrospective effect to the enhancement.
4. Having considered the contentions advanced, I am of the opinion
that the representation submitted by the petitioners is liable to be
considered in accordance with law. There will accordingly be a direction
to the 2nd respondent to place Ext.P2 representation submitted by the
petitioners for consideration before the Council of the Corporation.
Appropriate orders shall be passed on the same within a period of two
months from the date of receipt of a copy of this judgment. Till orders are
passed as directed above, coercive proceedings for realization of the
enhanced licence fee shall be kept in abeyance.
5. Applications, if any, submitted by the petitioners for renewal of
licences shall be considered, on the petitioners remitting all arrears of the
licence fee as it existed before the revision.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO.13482 OF 2023
APPENDIX OF WP(C) 13482/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF DEMAND FOR ARREARS OF ENHANCED
LICENCE FEE ISSUED BY THE 1 ST RESPONDENT TO
M/S. TOMPCS, A TENANT IN SAKTHAN ARCADE ON
03.08.2022.
Exhibit P2 TRUE COPY OF REPRESENTATION DATED 03.04.2023
PREFERRED BY THE PETITIONERS TO THE 2 ND
RESPONDENT
Exhibit P3 TRUE COPY OF JUDGMENT DATED 14.03.2023 IN
WP(C) NO. 8706/2023
RESPONDENTS' EXHIBITS: NIL
