New Bus Stand Shop Owner'S ... vs State Of Kerala
2023 Latest Caselaw 4155 Ker

WP(C) No.9830/2023                       1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             Friday, the 31st day of March 2023 / 10th Chaithra, 1945
                              WP(C) NO. 9830 OF 2023
   PETITIONER:

          NEW BUS STAND SHOP OWNER'S ASSOCIATION, REG NO: S. NO. 426/1999, NEW
          BUS STAND ROAD, CALICUT - 673 004, REPRESENTED BY ITS PRESIDENT,
          MUKUNDAN P.P, AGED 67 YEARS, S/O. P.P. APPU, PAADIPOYIL,
          KUTHIRAVATTOM P.O, CALICUT, PIN - 673016.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
         DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
         695001.
      2. THE KOZHIKODE CORPORATION, REPRESENTED BY IT SECRETARY, CALICUT
         BEACH, NEAR AKASHAVANI, KOZHIKODE, PIN - 673032.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 2nd respondent Corporation not to initiate any
   coercive steps against the members of the petitioner association which
   will adversely affect their conduct of business in the premises owned by
   the 2nd respondent corporation and to renew their D&O licenses and permit
   them to remit the regular license fee from January 2023 onwards, pending
   disposal of this Writ Petition.


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   21-03-2023 and upon hearing the arguments of M/S. SHYAM PADMAN,
   C.M.ANDREWS, BOBY M.SEKHAR, LAYA MARY JOSEPH, HARISH ABRAHAM & ASHWATHI
   SHYAM, Advocates for the petitioner and of SHRI. G.SANTHOSH KUMAR (P)
   Advocate for R2, the court passed the following:
 WP(C) No.9830/2023                          2/4




                                 ANU SIVARAMAN, J.

                      =========================
                          W.P.(C) No.9830 of 2023
                      =========================

                       Dated this the 31st day of March, 2023

                                          ORDER

Admit. Learned Standing Counsel for the 2 nd

respondent seeks further time for instructions. Learned

Government Pleader takes notice for the first respondent.

Post on 26.05.2023.

There will be an interim direction to the 2 nd

respondent to provisionally renew the D&O license issued to the

petitioner and not to take any coercive steps against the

petitioner till then. The 2nd respondent shall provisionally accept

the license fee from January 2023 onwards from the petitioner

subject to further orders in the writ petition.

Sd/-

                                                    ANU SIVARAMAN
                                                          JUDGE
        SSK/31/03
 WP(C) No.9830/2023                 3/4

                      APPENDIX OF WP(C) 9830/2023
Exhibit P1           TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED

19.05.1999 ISSUED TO THE PETITIONER ASSOCIATION UNDER THE REGISTRATION OF SOCIETIES ACT 1890 Exhibit P2 TRUE COPY OF THE LIST OF CURRENT MEMBERS OF THE PETITIONER ASSOCIATION Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER NO. 1278/2020/LSGD DATED 29.06.2020 ISSUED BY THE LOCAL SELF GOVERNMENT DEPARTMENT OF THE STATE GOVERNMENT Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 04.11.2020 SUBMITTED BY THE PETITIONER ASSOCIATION BEFORE THE 2ND RESPONDENT CORPORATION Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 02.12.2020 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.26755/2020 Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 23.04.2021 FILED BY THE 2ND RESPONDENT CORPORATION BEFORE THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.26755/2020 Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 26.07.2021 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.26755/2020 Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER DATED 27.07.2021 Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER DATED 30.09.2021 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 20.06.2022 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.26755/2020 Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 06.07.2022 SUBMITTED BY THE PETITIONER ASSOCIATION BEFORE THE 2ND RESPONDENT CORPORATION Exhibit P11(a) TRUE COPY OF THE ACKNOWLEDGMENT DATED 06.07.2022 RECEIVED FROM THE 2ND RESPONDENT CORPORATION Exhibit P12 TRUE COPY OF DEMAND NOTICE DATED 27.02.2023 ISSUED BY 2ND RESPONDENT CORPORATION TO THE PRESIDENT OF THE PETITIONER ASSOCIATION Exhibit P13 TRUE COPY OF THE EVICTION NOTICE DATED 21.01.2023 NUMBERED AS A29/54558 ISSUED BY 2ND RESPONDENT CORPORATION TO THE PRESIDENT OF THE PETITIONER ASSOCIATION Exhibit P13(a) TRUE COPY OF THE EVICTION NOTICE DATED 21.01.2023 NUMBERED AS A29/55532/93 ISSUED BY 2ND RESPONDENT CORPORATION TO THE PRESIDENT OF THE PETITIONER ASSOCIATION Exhibit P13(b) TRUE COPY OF THE EVICTION NOTICE DATED 21.01.2023 NUMBERED AS A29/58975/97 ISSUED BY 2ND RESPONDENT CORPORATION TO THE PRESIDENT OF THE PETITIONER ASSOCIATION Exhibit P13(c) TRUE COPY OF THE EVICTION NOTICE DATED 21.01.2023 NUMBERED AS A29/55531/93 ISSUED BY 2ND RESPONDENT CORPORATION TO THE PRESIDENT OF THE PETITIONER ASSOCIATION Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 07.03.2023 SUBMITTED BY THE PETITIONER ASSOCIATION BEFORE THE 2ND RESPONDENT CORPORATION WP(C) No.9830/2023 4/4

Exhibit P14(a) TRUE COPY OF THE ACKNOWLEDGMENT DATED 08.03.2023 RECEIVED FROM THE 2ND RESPONDENT CORPORATION