Rahmath Salim vs Kattappana Municipality
2023 Latest Caselaw 1757 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                      WP(C) NO. 3393 OF 2023
PETITIONER:

           RAHMATH SALIM
           AGED 54 YEARS
           W/O. LATE SALIM, ILLATHUPARAMBIL HOUSE, KATTAPPANA
           P.O., IDUKKI DISTRICT, PIN - 685508
           BY ADVS.
           GEORGE SEBASTIAN
           PHILIA KOSHY


RESPONDENTS:

     1     KATTAPPANA MUNICIPALITY
           REPRESENTED BY ITS SECRETARY, KATTAPPANA
           MUNICIPALITY, KATTAPPANA, IDUKKI DISTRICT, PIN -
           685508
     2     THE SECRETARY
           KATTAPPANA MUNICIPALITY, KATTAPPANA, IDUKKI
           DISTRICT, PIN - 685508
           BY ADV Unnikrishnan V Alapatt



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                       2


W.P.(C) No.3393 of 2023



                                 JUDGMENT

Dated this the 1st day of February, 2023.

This writ petition is filed seeking the

following relief:-

"i.To issue a writ of mandamus , order or direction to the 2nd respondent to consider and pass orders on Ext.P5 application, at the earliest, after hearing the

petitioner. "

2. Heard the learned counsel for the petitioner

and the learned Standing Counsel appearing for the

respondents.

3. It is submitted by the learned counsel for

the petitioner that the petitioner is the owner of the

building bearing door No.17/1310 of the Kattappana

Municipality, Idukki District. The building was in

existence for 50 years and the petitioner has now let

out the building to a tenant and the building is being

used for commercial purpose. It is submitted that an

application for D & O license being submitted by the

tenant of the building, he had been put on notice and

W.P.(C) No.3393 of 2023

had been required to close the business establishment

being conducted therein, the petitioner had preferred

an appeal which is pending before the Municipal

Council. It is submitted that in the meanwhile, the

petitioner has also approached the respondent with

Exhibit P5 request for change of occupancy and that

the same is liable to be considered in accordance with

law.

Having heard the learned Standing Counsel

also, there will be a direction to the 2 nd respondent to

take up Exhibit P5 request made by the petitioner and

to consider and pass orders on the same, after hearing

the petitioner as well as any other affected parties

within a period of two weeks from the date of receipt

of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/01/02

W.P.(C) No.3393 of 2023

APPENDIX

PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE RECEIPT DATED 05.01.2019 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE NOTICE DATED 05.12.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 13.12.2022 FILED BY THE PETITIONER BEFORE THE COUNCIL OF 1ST RESPONDENT MUNICIPALITY Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 15.12.2022 IN WP(C). NO. 40745/2022 Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 05.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 06.01.2023 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT