Sajeevan.T.A vs State Of Kerala
2023 Latest Caselaw 3821 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                    WP(C) NO.10709 OF 2023
PETITIONERS :-

    1     SAJEEVAN.T.A, AGED 63 YEARS
          SON OF T.S.ARUMUGHAN, THAYYIL HOUSE,
          KANIMANGALAM PO, THRISSUR, PIN - 680 027

    2     BINDU.C.K, AGED 57 YEARS
          WIFE OF SAJEEVAN, THAYYIL HOUSE, KANIMANGALAM PO,
          THRISSUR, PIN - 680 027

          BY ADVS.
          C.MURALIKRISHNAN (PAYYANUR)
          ABRAHAM GEORGE JACOB
          P.I.RAHEENA


RESPONDENTS :-

    1     STATE OF KERALA REPRESENTED BY
          SECRETARY TO DEPARTMENT OF LOCAL SELF GOVERNMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695 001

    2     THRISSUR MUNICIPAL CORPORATION
          MUNICIPAL OFFICE ROAD, THRISSUR,
          THRISSUR DISTRICT, PIN - 680 001
          REPRESENTED BY ITS SECRETARY.

    3     THE SECRETARY
          THRISSUR MUNICIPAL CORPORATION,
          MUNICIPAL OFFICE ROAD, THRISSUR,
          THRISSUR DISTRICT, PIN - 680 001

    4     THE MUNICIPAL COUNCIL
          THRISSUR MUNICIPAL CORPORATION,
          MUNICIPAL OFFICE ROAD, THRISSUR,
          THRISSUR DISTRICT, PIN - 680 001
          REPRESENTED BY ITS CHAIRPERSON

    5     THE STANDING COMMITTEE ON APPEAL ON TAXES
          THRISSUR MUNICIPAL CORPORATION,
          MUNICIPAL OFFICE ROAD, THRISSUR,
          THRISSUR DISTRICT, PIN - 680 001
          REPRESENTED BY ITS CHAIRPERSON.
 WP(C) NO.10709 OF 2023

                                  -: 2 :-

             BY SRI.SANTHOSH P.PODUVAL
             BY SRI.APPU.P.S, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.03.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.10709 OF 2023

                                 -: 3 :-


                              JUDGMENT

Dated this the 30th day of March, 2023

This writ petition is filed challenging Ext.P3 order and seeking

directions to the 3rd respondent to renew the licence as applied for

by the 1st petitioner in Ext.P2 application.

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the respondent Corporation

as well as the learned Government Pleader.

3. The learned counsel for the petitioners submits that the

1st petitioner is conducting a business in a building owned by the 2 nd

petitioner and that the 1st petitioner had submitted Ext.P2

application for renewal of the licence issued in respect of the

premises. It is submitted that on the ground that the building had

been covered by corrugated sheets and that the business is being

conducted in parts of the building which are under residential

occupancy as well, the respondents are refusing to consider the

application for renewal of licence. It is submitted that against

Ext.P3 order dated 13.3.2023, Ext.P4 appeal is filed by the 1 st

petitioner before the 4th respondent. It is stated that with regard to

the assessment of the property tax, Ext.P9 appeal has also been

preferred by the 2nd petitioner before the 5th respondent. WP(C) NO.10709 OF 2023

4. Having considered the contentions advanced and having

heard the learned Standing Counsel as well, I am of the opinion that

the appeals preferred are liable to be considered in accordance with

law.

There will, accordingly, be a direction to the 4 th

respondent to take up, consider and pass orders on Ext.P4 appeal

preferred by the 1st petitioner. The 5th respondent shall also take up

Ext.P9 appeal preferred by the 2 nd petitioner and consider and pass

orders on the same in accordance with law. Appropriate action will

be taken within a period of two months from the date of receipt of a

copy of this judgment. The respondents shall provisionally issue a

licence to the 2nd petitioner to operate the premises till orders are

passed as directed above. If an application is submitted by the 2 nd

petitioner for conversion of the user, the same shall also be taken

up and considered by the 3rd respondent, in accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/5.4.2023 WP(C) NO.10709 OF 2023

APPENDIX OF WP(C) 10709/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LICENCE NO. 140170062200492 DATED 15.08.2022 ISSUED BY THE 2ND RESPONDENT THRISSUR MUNICIPAL CORPORATION TO THE FIRST PETITIONER.

Exhibit P2 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE AND THE RECEIPT DATED 03.03.2023 ISSUED BY THE OFFICE OF 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ORDER NO. KKY/PH/3583/2022 DATED 13.03.2023 ISSUED BY 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE APPEAL DATED 21.03.2023 FILED BY THE FIRST PETITIONER BEFORE THE 4TH RESPONDENT AND THE RECEIPT NO. KKY/PH/981/2023 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT .

Exhibit P5 A TRUE COPY OF THE APPLICATION FOR STAY FILED BY THE FIRST PETITIONER BEFORE THE 4TH RESPONDENT ALONG WITH RECEIPT NO. KKY/PH/982/2023 DATED 21.03.2023 ISSUED BY THE OFFICE OF 2ND RESPONDENT

Exhibit P6 A PHOTOGRAPH SHOWING THE COVERING OF THE BUILDING WITH CORRUGATED SHEETS.

Exhibit P7 A TRUE COPY OF THE DEMAND NOTICE NO.

R1(KKY/PW/2936/2022) DATED 13.01.2023 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.

Exhibit P8 A TRUE COPY OF THE APPEAL DATED 21.03.2023 FILED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT AND RECEIPT NO. KKY/PH/1002/2023 DATED 22.03.2023 ISSUED BY THE OFFICE OF 2ND RESPONDENT.

Exhibit P9 A TRUE COPY OF THE APPEAL DATED 21.03.2023 FILED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT AND RECEIPT NO. KKY/PH/1003/2023 DATED 22.03.2023 ISSUED BY THE OFFICE OF 2ND WP(C) NO.10709 OF 2023

RESPONDENT.

Exhibit P10 A TRUE COPY OF THE REQUEST DATED 21.03.2023 SUBMITTED BY THE PETITIONER TO THE SUPERINTENDENT OF THE OFFICE OF THE 2ND RESPONDENT AND RECEIPT NO. KKY/PH/995/2023 DATED 21.03.2023 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.