Abdul Azeez vs Adoor Municipality
2023 Latest Caselaw 2832 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                          WP(C) NO. 1734 OF 2023
PETITIONER:

              ABDUL AZEEZ
              AGED 70 YEARS
              S/O LATE SULAIMAN RAWTHER,VANIAPPURA HOUSE, IREEKKODE
              KARA, KARIKKODE, THODUPUZHA, IDUKKI DISTRICTADISTRICTATE,
              PIN - 685584

              BY ADV P.R.VENKATESH



RESPONDENTS:

     1        ADOOR MUNICIPALITY
              ADOOR MUNICIPAL OFFICE, ADOOR REPRESENTED BY ITS
              SECRETARY, PATHANAMTHITTA DISTRICT-, PIN - 691523

     2        SECRETARY, ADOOR MUNICIPALITY
              ADOOR MUNICIPAL OFFICE, ADOOR, PATHANAMTHITTA DISTRICT-,
              PIN - 691523

     3        HEALTH INSPECTOR
              ADOOR MUNICIPALITY, ADOOR MUNICIPAL OFFICE, ADOOR,
              PATHANAMTHITTA DISTRICT, PIN - 691523

              BY ADV K.SHAJ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.1734 of 2023          2


                     VIJU ABRAHAM,J
                -----------------------
                W.P.(C).No.1734 of 2023
             -----------------------------
         Dated this the 1st day of March, 2023

                           JUDGMENT

Petitioner approaches this Court challenging

Ext.P4 order and for a further direction to the 2nd

respondent issue trade licence, on the strength of

licence fee remitted on 4.1.2023 as is evident from

Ext.P2 receipt. Petitioner submits that he has

taken the premises on rent as per Ext.P1 agreement

from the building owner one Simon Cherian for

conducting a retail business in the name and style

of 'Lisa Fashions'. Petitioner submits that an

application submitted before the respondent

Municipality for obtaining a trade licence for

conducting a retail sale of textile was processed by

the Municipality and permitted the petitioner to

remit trade licence fee of Rs.1,100/- and the same

has been remitted by the petitioner as is evident

from Ext.P2 receipt issued by the Municipality.

When the petitioner made arrangement for

commencement of the business, he has been served

with Ext.P4 notice dated 16.12023 by the Health

Inspector of Adoor Municipality, wherein the

petitioner was directed to stop the business

activities undertaken in the said premises.

Petitioner submits that Ext.P4 has been issued

without notice to him and it is also contended that

the 3rd respondent is not authorised to issue such a

notice in the nature of Ext.P4 and only the

secretary is empowered to do so.

2. The learned Standing counsel for the

Municipality entered appearance through counsel and

filed a detailed counter affidavit, wherein it is

stated that as per Section 50(2) of the Kerala

Municipality Act, the secretary is empowered to

delegate his powers to officers under him and such

written delegation is given to the 3rd respondent as

is evident from Ext.R1(A) and therefore, the 3rd

respondent is fully authorised to issue notice in

the nature of Ext.P4.

3. After hearing both sides, I am of the opinion

that since Ext.P4 order has been issued without

notice to the petitioner, the same shall be

reconsidered by the respondent Municipality and the

said exercise shall be undertaken by the 2nd

respondent himself, the secretary of the

Municipality. Therefore, it is ordered that Ext.P4

shall be treated as a show cause notice and the

petitioner shall file a detailed objection to the

same and a decision in the matter shall be taken by

the 2nd respondent within a period of 15 days after

affording an opportunity of being heard to the

petitioner. It is also ordered that further

proceedings pursuant to Ext.P2 for issuance of a

trade licence to the petitioner shall also be

considered while taking a decision as directed

above. Till a decision is taken, the interim order

granted by this Court on 25.1.2023 shall continue.

Above writ petition is disposed of accordingly.

sd/-

VIJU ABRAHAM, JUDGE pm

APPENDIX OF WP(C) 1734/2023

PETITIONER EXHIBITS

Exhibit p1 TRUE COPY OF THE AGREEMENT WITH THE BUILDING OWNER SIMON CHERIAN

Exhibit2 TRUE COPY OF RECEIPT DATED 4.1.2023 ISSUED TO THE PETITIONER BY THE ADOOR MUNICIPALITY.

Exhibit p3 -TRUE COPY OF PROPERTY TAX RECEIPT DATED 9.3.2022.

Exhibit p4 TRUE COPY OF THE SAID NOTICE DATED 16.1.2023 FROM THE ADOOR MUNICIPALITY.

RESPONDENT EXHIBITS

Exhibit R1(A) A true copy of the Order No. G1-7955/2021 dated 04/10/2021 issued by the 2nd respondent Secretary of Adoor Municipality