Raphael.K.J vs State Of Kerala
2023 Latest Caselaw 4159 Ker

                 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.10671 OF 2023
PETITIONER :-

            RAPHAEL.K.J., AGED 74 YEARS
            S/O.JOSEPH.K.T., KUTTIKKAT HOUSE, KALATHODE,
            P.O.OULLUKKARA, THRISSUR DISTRICT, PIN - 680 655

            BY ADVS.
            DINESH MATHEW J.MURICKEN
            K.A.ABHILASH
            VINOD S. PILLAI
            MOHAMMED THAYIB N.M.
            NAYANA VARGHESE
            AHAMMAD SACHIN K.
            K.S.SANGEETHA (KOOMBEL)


RESPONDENTS :-

    1       STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, LOCAL
            SELF GOVERNMENT DEPARTMENT, SECRETARIAT, STATUE JUNCTION,
            THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM
            DISTRICT, PIN - 695 001

    2       THRISSUR MUNICIPAL CORPORATION
            MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 683 101
            REPRESENTED BY ITS SECRETARY

    3       THE MUNICIPAL COUNCIL
            THRISSUR MUNICIPAL CORPORATION,
            MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 683 101
            REPRESENTED BY ITS PRESIDENT

    4       THE SECRETARY
            THRISSUR MUNICIPAL CORPORATION,
            MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 683 101

    5       THE DEPUTY SECRETARY
            THRISSUR MUNICIPAL CORPORATION,
            MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 683 101

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


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.10671 OF 2023

                                  -: 2 :-


                               JUDGMENT

Dated this the 31st day of March, 2023

This writ petition is filed challenging Ext.P11 demand notice

and seeking directions to the 3 rd respondent to serve a copy of the

order passed on Ext.P10 appeal to the petitioner.

2. The learned counsel for the petitioner submits that the

petitioner had preferred Ext.P10 appeal before the 3rd respondent,

but without serving a copy of the decision taken in the appeal,

Ext.P11 demand notice was issued.

3. The learned Standing Counsel appearing for the

respondent Corporation submits, on instructions, that the

respondents have communicated a copy of the order to the

petitioner on 27.3.2023.

4. It is submitted by the learned counsel for the petitioner

that the order in appeal is revisable before the Tribunal and that the

petitioner may be permitted to submit a revision as against the

order passed.

5. Having considered the contentions advanced, I am of the

opinion that the 3rd respondent ought to have served a copy of the

order passed on Ext.P10 appeal before proceeding with a demand

as against the petitioner.

WP(C) NO.10671 OF 2023

There will, accordingly, be a direction that in case the

petitioner prefers a revision petition as against the order passed on

Ext.P10 appeal, which is said to have been communicated to the

petitioner, within two weeks from the date of receipt of a copy of

this judgment, the same shall be appropriately considered by the

Tribunal, in accordance with law. Till orders are passed on the

application submitted by the petitioner for interim relief in the

revision, the demand made by Ext.P11 shall be kept in abeyance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/31.3.2023 WP(C) NO.10671 OF 2023

APPENDIX OF WP(C) 10671/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.29425/2008 PASSED BY THIS HONOURABLE COURT DATED 19.11.2015

Exhibit P2 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1785/2016 PASSED BY THIS HONOURABLE COURT DATED 16.10.2018

Exhibit P3 TRUE COPY OF THE APPLICATION FOR LICENCE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.02.2018

Exhibit P3(a) TRUE COPY OF THE DEMAND DRAFT DRAWN ON FEDERAL BANK EVIDENCING THE PAYMENT OF APPLICATION FOR LICENCE FEE DATED 20.02.2018

Exhibit P4 TRUE COPY OF THE STOP MEMO DATED 20.05.2018 ISSUED BY THE HEALTH SUPERVISOR OF THE 2ND RESPONDENT CORPORATION

Exhibit P5 TRUE COPY OF THE REPLY TO EXHIBIT P4 SUBMITTED BY THE PETITIONER BEFORE THE HEALTH SUPERVISOR OF THE 2ND RESPONDENT CORPORATION DATED 12.07.2018

Exhibit P6 TRUE COPY OF THE RECEIPT EVIDENCING REMITTANCE OF LICENCE FEES ISSUED BY THE 2ND RESPONDENT DATED 05.07.2018

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.12.2018

Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.41753/2018 PASSED BY THIS HONOURABLE COURT DATED 20.12.2018

Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 18.12.2018

Exhibit P10 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED WP(C) NO.10671 OF 2023

04.01.2019

Exhibit P11 TRUE COPY OF THE DEMAND NOTICE DATED 13.03.2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 13.02.2023

Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 21.03.2023