Biju Ka vs Chalakkudi Municipality
2024 Latest Caselaw 29248 Ker

Kerala High Court

Biju Ka vs Chalakkudi Municipality on 10 October, 2024

WP(C) NO. 27615 OF 2024            1



                                                      2024:KER:75626
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                        WP(C) NO. 27615 OF 2024

PETITIONERS:

    1       BIJU KA,
            AGED 53 YEARS
            S/O ANTONY, PROPRIETOR AT ALBEL OIL STORE,
            ANAMALA, TRAMWAY JUNCTION, CHALAKUDY,THRISSUR,
            PIN - 680307

    2       ANCY BIJU,
            AGED 45 YEARS
            W/O BIJU K A, KANJIRATHINGAL HOUSE, CHOUKA ,
            ELIJIPRA PO, CHALAKUDY, THRISSUR DT,
            PIN - 680721


            BY ADV NIDHI BALACHANDRAN


RESPONDENTS:

    1       CHALAKKUDI MUNICIPALITY,
            REPRESENTED BY REPRESENTED BY IT'S SECRETARY,
            MUNICIPAL OFFICE, CHALAKUDY, THRISSUR, PIN - 680307

    2       CLEAN CITY MANAGER,
            CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE,
            CHALAKUDY, THRISSUR, PIN - 680307

            R1 BY ADVS.
            SHEEJO CHACKO
            LIKHITHA E.S(K/279/2014)
            S.S.SAILAKSHMI(K/736/2009)
            SONITH THOMAS CHACKO(K/000499/2024)

            R2 BY SMT. PREETHA K.K., SENIOR GOVERNMENT PLEADER


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27615 OF 2024                       2



                                                                               2024:KER:75626


                                      JUDGMENT

This writ petition is filed seeking the following prayers:-

i) Call for the records relating to Ext.P8 and to issue a writ of Certiorari or any other writ order or direction quashing Ext.P8.

ii) to issue a writ of Mandamus or any other writ order or direction commanding the respondents 1 and 2 to provide license to the Oil Shop conducted by the 1st petitioner for the year 2024-25.

iii) Grant such other reliefs as may be prayed for and as the court may deem fit to grant and

iv) Grant the cost of the writ petition.

2. The learned Standing Counsel for the Municipality submits that a

license has already been granted to the petitioner. This is recorded.

Nothing further remains to be considered in this writ petition and the

same is accordingly closed.

Sd/-

MOHAMMED NIAS C.P.

JUDGE DCS

2024:KER:75626 APPENDIX OF WP(C) 27615/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 10/02/2021 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER

Exhibit P2 A TRUE COPY OF THE ORDER DATED 22/02/2021 IN IA NO. 244/21 IN APPEAL NO. 102/21 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM

ExhibitP3 A TRUE COPY OF THE RECEIPT DATED 15.02.2023 ISSUED BY THE 1ST RESPONDENT EVIDENCING THE PAYMENT OF LICENSE FEES FOR THE FINANCIAL YEAR 2023-24

Exhibit P4 THE COPY OF THE ABOVE DEMAND NOTICE DATED 24/06/2024 ISSUED BY THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 24/6/24

Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 25/06/2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P7 A TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 1ST RESPONDENT ON 26/6/26 TO THE PETITIONER

Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 06/07/2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER