Sunny Yohannan vs The Chengannor Municipal Council
2024 Latest Caselaw 9638 Ker

Kerala High Court

Sunny Yohannan vs The Chengannor Municipal Council on 4 April, 2024

Author: V.G.Arun

Bench: V.G.Arun

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                  &
              THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WA NO. 1181 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.9603 OF 2019
OF HIGH COURT OF KERALA
APPELLANT/S:

           SUNNY YOHANNAN
           AGED 59 YEARS
           S/O.LATE YOHANNAN, AGED 59 YEARS, MARUTHANATTU
           PUTHEN VEEDU, BUDHANOOR P.O., VIA PULIYOOR,
           CHENGANNOR-689 121.
           BY ADVS.
           C.S.AJITH PRAKASH
           SRI.T.K.DEVARAJAN
           SMT.T.N.SREEKALA
           SRI.FRANKLIN ARACKAL
           SRI.PAUL C THOMAS
           SRI.A.TJOSE
           SRI.M.B.SOORI

RESPONDENT/S:

    1      THE CHENGANNOR MUNICIPAL COUNCIL
           REPRESENTED BY ITS SECRETARY, CHENGANNOR
           MUNCIPALITY, CHENGANOOR, PIN-689 121.
    2      THE SECRETARY
           CHENGANNOR MUNCIPALITY, CHENGANOOR, PIN-689 121.
           BY ADVS.
           SRI.S.HARIKRISHNAN,SC,CHENGANNUR MUNICI
           Haridas V N
        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.04.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.A.No.1181 of 2019

                                 -2-



                          JUDGMENT

Dated this the 04th day of April, 2024

V.G.Arun, J.

When the matter is taken up for

consideration, learned Counsel for the appellant

submitted that his client is no longer interested

in continuing as licensee under the Municipality

and is prepared to surrender the licenced

premises, subject to the Municipality refunding

the amount of Rs.1,70,000/- deposited towards

additional security. It is pointed out that

Annexure-A3 representation filed seeking refund

of the amount paid towards security and the

additional security is pending before the

Municipality and the appellant will be satisfied

with a direction to consider and pass orders on

the representation expeditiously.

2. Learned Standing Counsel for the

Municipality would submit that the Municipality

has no objection in refunding the additional

security after deducting the statutory payments

if any due from the appellant.

In view of the above submission, we dispose

of the writ appeal by directing the second

respondent to consider and pass orders on

Annexure-A3 representation within one month of

receipt of a copy of this judgment. If the

appellant surrenders the licenced premises, the

second respondent shall refund the payment made

towards the security/additional security after

deducting the amount if any due towards licence

fees or other statutory remittances.

Sd/-

A.J.Desai Chief Justice

Sd/-

V.G.Arun Judge Scl/

RESPONDENT ANNEXURES Annexure R2(a) with its English Translation PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE RECEIPT ISSUED BY THE CHENGANNUR MUNICIPALITY SHOWING THE REMITTANCE OF RS. 1,70,000.00 TO THE APPELLANT Annexure A2 A TRUE COPY OF THE RECEIPT TAKEN FROM K.SMART SHOWING THE REMITTANCE OF RENT TO CHENGANNNUR MUNICIPALITY DATED 01.02.2024 Annexure A3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPELLANT TO THE MUNICIPALITY DATED 19-02-2024