Kerala High Court
Skillspark The Finishing School, (Opc) ... vs Kollam Municipal Corporation on 3 September, 2024
WP(C) No.14807/2024 1/3 Order Date : 03-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
WP(C) NO. 14807 OF 2024
PETITIONER:
SKILLSPARK THE FINISHING SCHOOL,(OPC) PVT. LTD.,REPRESNTED BY ITS
MANAGING DIRECTOR,GIREESH BABU V,WARD NO. 44,KAILAS MALL,S.N WOMEN'S
COLLEGE,CANTONMENT P.O.,KOLLAM -691001.
RESPONDENTS:
1. KOLLAM MUNICIPAL CORPORATION,REPRESENTED BY THE SECRETARY,KOLLAM
MUNICIPAL CORPORATION,CORPORATION BUILDING,KOLLAM-691001.
2. KOLLAM MUNICIPAL CORPORATION COUNCIL,KOLLAM MUNICIPAL
CORPORATION,REPRESENTED BY THE MAYOR, KOLLAM MUNICIPAL
CORPORATION,CORPORATION BUILDING,KOLLAM-691001.
3. HEALTH SUPERVISOR,KOLLAM MUNICIPAL CORPORATION,KOLLAM,PIN-691001
4. JABSON VARGHESE,S/O.YOHANNAN KUZHIVILA PUTHENVEETIL
HOUSE,NELLIKKUNNAM P.O.,KOTTARAKKARA TALUK,KOLLAM-691520.
5. ADDL.R5.SHAMMY THILAKAN PALAPURAM,JNRA-3,OPPOSITE TO S.N. WOMEN'S
COLLEGE, KOLLAM.( ADDL.R5 IMPLEADED VIDE ORDER DATED 31-05-2024 IN
IA2/24 IN W.P.(C)14807/24)
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 issue an interim order staying the operation of Ext. P7 order
and all further proceedings pursuant thereto pending disposal of the 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
29.08.2024 andupon hearing the arguments of SRI.BENNY GERVACIS
(SR.)Advocate along with M/S ABI BENNY AREECKAL & BEA MARY BENNY,
Advocates for the petitioner,SRI.S.SREEKUMAR (KOLLAM), Advocate for R1 &
R2, SRI.SHINTO MATHEW ABRAHAM,Advocate for R4, SRI. R.GOPAN Advocate for
Addl.R5, the court passed the following:
WP(C) No.14807/2024 2/3 Order Date : 03-09-2024
MOHAMMED NIAS C.P, J.
=================================
W.P.(C.) No. 14807 of 2024
==================================
Dated this the 3rd day of September, 2024
ORDER
There will be an interim order directing the 2 nd respondent to
consider Ext.P8 appeal on merits with notice to the petitioner and
also respondents 4 and 5 and pass appropriate orders on the same
within three weeks from the date of receipt of a copy of this order.
Post on 15.10.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.14807/2024 3/3 Order Date : 03-09-2024
APPENDIX OF WP(C) 14807/2024
Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT ENTERED INTO BETWEEN
THE PETITIONER AND THE 4TH RESPONDENT DATED 8-11-2023
Exhibit P2 TRUE COPY OF THE LICENSE GRANTED BY THE 1ST RESPONDENT
UNDER SECTION 447 OF THE KERALA MUNICIPALITY ACT, 1994
DATED 18-01-2024
Exhibit P3 TRUE COPY OF THE BROCHURE OF THE SCHOOL PROVIDING THE
DETAILS OF THE COURSES OFFERED
Exhibit P4 TRUE COPY OF THE NOTICE NO.H10/13026/16 DATED
21-02-2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE TRIBUNAL FOR LOCAL
SELF GOVERNMENT INSTITUTIONS IN R.P NO. 25/2017 DATED
26.02.2021
Exhibit P6 TRUE COPY OF THE WRITTEN REPLY SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED 24-02-2024
Exhibit P7 TRUE COPY OF THE ORDER NO. H10/13026/16 DATED 2-04-2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE APPEAL PREFERRED UNDER SECTION 509 OF
THE KERALA MUNICIPALITY ACT, 1994 DATED 5-04-2024
Exhibit P8a TRUE COPY OF ACKNOWLEDGMENT FOR RECEIPT OF THE P8
APPEAL DATED 5-04-2024
Exhibit P9 A TRUE COPY OF THE RESOLUTION NO. 29 DATED 22.08.2024
OF THE 1ST RESPONDENT, KOLLAM MUNICIPAL CORPORATION
Exhibit P10 A TRUE COPY OF THE ORDER DATED 02.09.2024 ISSUED BY THE
SECRETARY, KOLLAM MUNICIPAL CORPORATION
Exhibit R5(a) TRUE COPY OF THE COMMON JUDGMENT DATED 8.7.2015 IN W.A.
NOS. 1402/2015 AND 1449/2015 OF THIS HONOURABLE COURT
Exhibit R5(b) TRUE COPY OF ORDER DATED 17.3.2016 IN I.A. NO. 321/2016
IN W.A. NO. 1449/2015 OF THIS HONOURABLE COURT
Exhibit R5(c) TRUE COPY OF THE JUDGMENT DATED 29.8.2017 IN APPEAL NO.
469/2016 OF THE TRIBUNAL FOR LOCAL SELF GOERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM
Exhibit R5(d) TRUE COPY OF THE COMPLAINT DATED 1.4.2024 FILED BY THE
PETITIONER BEFORE THE SECRETARY, KOLLAM CORPORATION
Exhibit R5(e) TRUE COPY OF THE ORDER DATED 4.7.2016 ISSUED BY THE
FIRE AND RESCUE STATION OFFICER, KOLLAM
Exhibit R4-A A true copy of the Building Certificate dated 27-
O7-2024 issued by the 1st respondent.
