Kerala High Court
Bini Sunil vs Corporation Of Kochi on 9 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
WP(C) NO. 5056 OF 2024
PETITIONER:
BINI SUNIL
AGED 45 YEARS
W/O. SUNIL THOMAS, CHANDRANKUNNEL HOUSE,
ANRA 22, AISWARYA NAGAR,
CHOORAKKAD, THRIPUNITHURA,
ERNAKULAM, KOCHI,
PIN - 682 301.
BY ADV PRAMOD KOCHUTHOMMEN EELIAS
RESPONDENTS:
1 CORPORATION OF KOCHI
PARK AVENUE, ERNAKULAM HEAD POST OFFICE P.O.,
ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY,
PIN - 682 011.
2 SECRETARY
CORPORATION OF KOCHI, PARK AVENUE,
ERNAKULAM HEAD POST OFFICE P.O.,
ERNAKULAM DISTRICT, PIN - 682 011.
3 THE HEALTH INSPECTOR
CIRCLE NO.17, CORPORATION OF KOCHI,
PARK AVENUE, ERNAKULAM HEAD POST OFFICE P.O.,
ERNAKULAM DISTRICT, PIN - 682 011.
4 DILIP KUMAR T.P
S/O. PARAMESWARAN T.K.,
ASHIQ BHAVANAM, VILLA NO.15
VINAYAKA PALACE, NADAMA VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
KOCHI, PIN - 682 306.
SRI. R.HARISHANKAR - SC
SMT. DEVISHRI - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.5056 OF 2024
2
JUDGMENT
The petitioner is the tenant in the building
bearing No.50/174-E, F of Kochi Corporation. The
petitioner is running a restaurant in the said building.
The petitioner has been issued with Ext.P8 notice by
the 3rd respondent stating that the petitioner is
running the business without IFTE and OS licence.
The petitioner states that he has submitted Ext.P9
reply to Ext.P8 notice. However, without considering
the same, the Corporation is proceeding against the
petitioner. Accordingly, the petitioner has filed this
writ petition. The limited prayer of the petitioner is
for a consideration of Ext.P9 filed in reply to Ext.P8.
2. Heard the learned counsel for the petitioner
and the learned Standing Counsel for respondents 1
to 3. In the nature of the directions I propose to
issue, notice to the 4th respondent is dispensed with.
3. In the facts and circumstances of the case
WP(C).No.5056 OF 2024
and having regard to the submissions made across
the Bar, there will be a direction to the 2 nd respondent
to consider the reply of the petitioner to Ext.P8 and
pass appropriate orders thereon, after hearing the
petitioner and the 4th respondent and in accordance
with law, as expeditiously as possible, at any rate,
within a period of one month from the date of receipt
of a copy of this judgment. Till such time, there shall
not be any coercive proceedings against the
petitioner pursuant to Ext.P8.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.5056 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE LICENSE NO.536/C-13/
2022-2023 DATED 11-8-2022 ISSUED IN
FAVOUR OF PETITIONER BY FIRST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LEASE AGREEMENT DATED
06.06.2022 ENTERED BETWEEN THE PETITIONER
AND THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 23.2.2023
WITH REGARD TO THE PAYMENT OF BUILDING
TAX TO THE 1ST RESPONDENT BY THE 4TH
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 23.2.2023
WITH REGARD TO THE PAYMENT OF BUILDING
TAX TO THE 1ST RESPONDENT BY THE 4TH
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR RENEWAL
OF LICENSE BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 11.03.2023.
EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
DATED 11.03.2023 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LICENSE
NO.11322007001645 ISSUED ON 16.08.2023
WHICH IS VALID UPTO 20.09.2024 ISSUED
FROM GOVERNMENT OF KERALA, COMMISIONERATE
OF FOOD SAFETY, FOOD SAFETY AND STANDARDS
AUTHORITY OF INDIA.
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 13.09.2023
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
EXHIBIT P9 TRUE COPY OF THE REPLY DATED 03.11.2023
SUBMITTED BY THE PETITIONER.
RESPONDENTS EXHIBITS: NIL.
