Kerala High Court
Kerala Land Reforms And ... vs Manjeri Municipality on 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA,
1945
WP(C) NO. 11231 OF 2023
PETITIONER:
UMMER FAROOQ
AGED 47 YEARS
RESIDING AT FLAT NO. 6C, COSMOS, BALAN K NAIR
ROAD, ERANHIPALAM, KOZHIKODE, PIN - 673006
BY ADVS.
R.SUDHISH
M.MANJU
RESPONDENTS:
1 MANJERI MUNICIPALITY
KARUVAMBRAM, MANJERI, MALAPPURAM, REPRESENTED
BY ITS SECRETARY, PIN - 676121
2 KERALA COOPERATIVE SOCIETY LIMITED NO.4482
(LADDER)
REPRESENTED BY ITS GENERAL MANAGER, REGISTERED
OFFICE AT 24/278-D1, AZCHAVATTOM, MANKAVU,
KOZHIKODE, PIN - 673007
sri bs swathikumar sc sri r ranjith sc
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, ALONG WITH WP(C).9105/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 11231 & 9105 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
WP(C) NO. 9105 OF 2023
PETITIONER:
KERALA LAND REFORMS AND DEVELOPMENT CO-OPERATIVE
SOCIETY LTD.NO. 4482,
AGED 57 YEARS
MANKAVU GREENS, MANKAVU.P.O., AZCHAVATTOM,
CALICUT, REPRESENTED BY ITS GENERAL MANAGER, PIN -
673007
BY ADVS.
B.S.SWATHI KUMAR
ANITHA RAVINDRAN
HARISANKAR N UNNI
RESPONDENTS:
1 MANJERI MUNICIPALITY,
MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN - 676121
2 THE SECRETARY,
MUNICIPAL OFFICE, MANJERI MUNICIPALITY, MALAPPURAM
DISTRICT, PIN - 676121
3 LIZA,
ROOM.NO.106., LADDER-INDIAN MALL, REPRESENTED BY
ITS PROPRIETOR, FIROZ.V.P., FIROZ MANZIL,
NARUKARA.P.O., ERANAD, MALAPPURAM, PIN - 676121
4 CHILL OUT,
DOOR NO.33/380, D8, 3RD FLOOR, ROOM.NO. 213,
LADDER-INDIAN MALL, REPRESENTED BY ITS PROPRIETOR,
UMMER FAROOQ.C.H., FLAT NO. 6C., COSMOS,
BALAN.K.NAIR ROAD, ERANHIPPALAM.P.O., MALAPPURAM,
PIN - 673006
5 CHICKING (ROIS RESTAURANT & HOTELS PVT LTD),
ROOM NO.306 DOOR NO. 33/380-D-5, LADDER-INDIAN
MALL, REPRESENTED BY ITS MANAGING DIRECTOR ABDUL
KAREEM.T., THAVALENGAL HOUSE, PUZHAKKATTIRI.P.O.,
WP(C) Nos. 11231 & 9105 of 2023
3
MALAPPURAM, PIN - 676321
6 LENS CRAFT,
ROOM NO. 208 AND 209, DOOR NO. 33/380 C7 & C8,
LADDER-INDIAN MALL, REPRESENTED BY ITS POPRIETOR,
MOHAMMED ABDU RAUF.K.V., KADAKULATH VAKKAYIL
HOUSE, PUTHUR PALLIKKAL.P.O., NEAR CALICUT
UNIVERSITY, MALAPPURAM, PIN - 676636
7 SINE N DINE,
DOOR NO. 33/380-E9, 4TH FLOOR, LADDER-INDIAN MALL,
REPRESENTED BY ITS PROPRIETOR UMMER FAROOQ.C.H.,
FLAT NO. 6C., COSMOS, BALAN.K.NAIR ROAD,
ERANHIPPALAM.P.O., MALAPPURAM, PIN - 673006
BY ADVS.
R.RANJITH (MANJERI)
Sudhish
SAMSUDIN PANOLAN
MILAN RACHEL MATHEW(K/001735/2020)
M.MANJU(K/003562/1999)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, ALONG WITH WP(C).11231/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 11231 & 9105 of 2023
4
VIJU ABRAHAM , J.
===========================
WP(C) Nos. 11231 & 9105 of 2023
============================
Dated this the 29th day of March, 2023
JUDGMENT
WP(C) No. 11231/2023 is filed seeking a direction to the 1 st
respondent to consider and pass orders on the application made
by the petitioner for renewal of D&O License within a time limit to
be fixed by this Court. Whereas WP(C) No. 9105/2023 is filed by
the 2nd respondent in WP(C) No. 11231/2023 seeking a direction to
the Municipality not to renew the D&O License on the ground that
the tenancy is not in existence as on date and amounts are due
from the petitioner. The learned Counsel for the petitioner in
WP(C) No. 11231/2023 would contend that the lease is for a
period of nine years.
2. Heard the contentions of both sides.
3. After hearing both sides, I am inclined to dispose of the
above writ petitions with a direction to the 1 st respondent
Municipality to consider and pass orders on Exts P5 and P6
applications submitted by the petitioner in WP(C) No. 11231/2023
within a period of two weeks after affording an opportunity of
being heard to the petitioner as well as the 2nd respondent.
WP(C) Nos. 11231 & 9105 of 2023
With the above said direction, the writ petitions are disposed
of.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
WP(C) Nos. 11231 & 9105 of 2023
APPENDIX OF WP(C) 9105/2023
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE AGREEMENT DATED 24-8-
2019 EXECUTED BETWEEN THE PETITIONER AND
THE 7TH RESPONDENT
Exhibit P2 TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 10-10-2022
Exhibit P3 TRUE COPY OF THE REPLY NO. H1-26106/22
DATED 6-12-2022 ISSUED BY THE 1ST
RESPONDENT.
WP(C) Nos. 11231 & 9105 of 2023
APPENDIX OF WP(C) 11231/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE AGREEMENT TO LEASE EXECUTED
BY THE PETITIONER AND 2ND RESPONDENT
DATED 24.08.2019
Exhibit P2 COPY OF THE RECEIPTS ISSUED BY THE 1ST
RESPONDENT FOR RENEWING THE D&O TRADE
LICENSE FOR THE YEAR 2022 TO 2023 WITH
RESPECT TO THE FIRM NAMED "CHILL OUT" IN
SHOP NO. 33/380-D8 DATED 25.03.2022
Exhibit P3 COPY OF THE RECEIPTS ISSUED BY THE 1ST
RESPONDENT FOR RENEWING THE D&O TRADE
LICENSE FOR THE YEAR 2022 TO 2023 WITH
RESPECT TO THE FIRM NAMED "CINE AND
DINE" IN SHOP NO. 33/380-E9 DATED
25.03.2022
Exhibit P4 COPY OF THE RECEIPT ISSUED BY THE FOOD
SAFETY AND STANDARD AUTHORITY OF INDIA
DATED 24.03.2023
Exhibit P5 COPY OF THE APPLICATION PREFERRED BY THE
PETITIONER FOR THE D&O TRADE LICENSE FOR
THE YEAR 2023 TO 2024 WITH RESPECT TO
THE FIRM NAMED "CHILL OUT" IN SHOP NO.
33/380-D8
Exhibit P6 COPY OF THE APPLICATION PREFERRED BY THE
PETITIONER FOR THE D & O TRADE LICENSE
FOR THE YEAR 2023 TO 2024 WITH RESPECT
TO THE FIRM NAMED "CINE AND DINE" IN
SHOP NO. 33/380-E9
