Kerala High Court
Abdul Majeed vs The Secretary - Ponnani Municipality on 5 September, 2024
W.P.(c) No.27358 of 2023 1
2024:KER:67840
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 27358 OF 2023
PETITIONER:
ABDUL MAJEED,
AGED 57 YEARS
S/O.KUNHIMUHAMMED, RESIDING AT VATTAMPARAMBIL
HOUSE, THEKKEPPURAM, PONNANI SOUTH .P.O,
MALAPPURAM, PIN - 679586
BY ADVS.
K.R.AVINASH (KUNNATH)
ABDUL RAOOF PALLIPATH
PRAJIT RATNAKARAN
E.MOHAMMED SHAFI
KRISHNAPRIYA R.
RESPONDENTS:
1 THE SECRETARY - PONNANI MUNICIPALITY,
MUNICIPAL OFFICE – PONNANI, PONNANI SOUTH
P.O, MALAPPURAM DIST, PIN - 679586
2 PONNANI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE;
PONNANI, PONNANI SOUTH .P.O, MALAPPURAM DIST, PIN
- 679586
ADDL.R3 SAIDU V.P.,
AGED 57 YEARS
S/O.MOIDU, VALIYAPARAMBIL, PONNANI P.O.,
MALAPPURAM DISTRICT, PIN-679 577. ADDL.R3 IS
IMPLEADED AS PER ORDER DATED 06.10.2023 IN I.A-
1/2023 IN WP(C) 27358/2023.
BY ADV BABU S. NAIR
OTHER PRESENT:
SRI.C.V.MANUVILSAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(c) No.27358 of 2023 2
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MOHAMMED NIAS C.P.,J
---------------------
W.P.(c) No.27358 of 2023
---------------------------
Dated this the 5th day of September, 2024
JUDGMENT
The petitioner challenges Ext.P10 order dated 03.07.2023
issued by the Municipality alleging unauthorised construction, lack
of sufficient parking and also a change of occupancy. The
petitioner submits that he gave a reply to the same pursuant to
which, the Municipality had issued Ext.R1(h) order on 25.07.2023,
which referred to Section 406(3) order earlier issued by the
Municipality and further stated that the petitioner is running a
business without any licence and granted 14 days to him to obtain
a licence.
2. The Municipality submits that no licence/ renewal is
granted to the licence issued on 14.02.2022 to the petitioner.
3. Though the petitioner submits that he has submitted a
regularisation application as Ext.P11, the same in styled as an
application for a building permit.
2024:KER:67840
In the said circumstances, I am not inclined to grant any
relief to the petitioner. However, I make it clear that it will be open
to the petitioner to apply for a proper licence for conducting any
activity in the building in question. It will also be open to the
petitioner to challenge Ext.P10 order before the Tribunal for Local
Self-Government Institutions. The time spent from 16.08.2023, the
date of filing of this writ petition, till the date of this judgment
shall be excluded for the purpose of computing the period of
limitation. Till the petitioner obtains a licence to carry on any
activity, he shall not use the conference hall/auditorium for any
purpose.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bng
2024:KER:67840
APPENDIX OF WP(C) 27358/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE
NO: E3 -22323/29 DATED 23.11.2019 ISSUED
TO THE PETITIONER BY THE ASSISTANT
ENGINEER OF PONNANI MUNICIPALITY
EXHIBIT P2 THE PROPERTY TAX ASSESSMENT DATED
06.12.2019 ISSUE TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE LICENSE
NO:130210012100926 DATED 14.02.2022
EXHIBIT P4 TRUE COPY OF THE NOTICE NO: E3-BA-140/19-
20 DATED 11.11.2022 ISSUED BY THE
SECRETARY PONNANI MUNICIPALITY TO THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE ORDER NO: E3 –
140/19-20 DATED 06.01.2023 ISSUED BY THE
SECRETARY – PONNANI MUNICIPALITY
UNDER SECTION 406(1) OF THE KERALA
MUNICIPALITIES ACT-1994 TO THE PETITIONER
EXHIBIT P6 TRUE COPY OF THE NOTICE NO: E3 –
140/19-20 DATED 06.01.2023 ISSUED BY THE
SECRETARY – PONNANI MUNICIPALITY
UNDER SECTION 406(2) OF THE KERALA
MUNICIPALITIES ACT-1994
EXHIBIT P7 TRUE COPY OF THE LICENSE AGREEMENT
ENTERED INTO BETWEEN THE PETITIONER AND
THE SECRETARY MOUNATHUL ISLAM ASSOCIATION
FOR 01.08.2023 TO 30.06.2024
EXHIBIT P8 TRUE COPY OF THE CONSENT TO OPERATE NO:
PCB/MLPM/ICO/11918/2023 DATED 22.02.2023
EXHIBIT P9 TRUE COPY OF THE LICENSE NO:
130210012300324 DATED 02.06.2023 ISSUED
TO THE PETITIONER FROM PONNANI
MUNICIPALITY FOR LIGHT & SOUND AND
CATERING SERVICE
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EXHIBIT P10 TRUE COPY OF ORDER NO: E3 – 140/19-
20 DATED 03.07.2023 UNDER SECTION 406(3)
OF THE KERALA MUNICIPALITIES ACT-1994
ISSUED BY THE SECRETARY OF PONNANI
MUNICIPALITY
EXHIBIT P11 TRUE COPY OF THE RECEIPT NO: 14126 DATED
02.08.2023 OF APPLICATION FOR BUILDING
PERMIT
EXHIBIT P12 TRUE COPY OF THE RECEIPT NO:
01/123050103994 DATED 02.08.2023 OF
PAYMENT OF FEES
RESPONDENTS ANNEXURES/EXHIBITS
ANNEXURE R1(A). A TRUE COPY OF THE NOTICE DATED
29.11.2022 ISSUED BY THE RESPONDENT NO.1
TO THE PETITIONER.
ANNEXURE R1(B) A TRUE COPY OF THE REPLY TO THE ANNEXURE
R1 (A) NOTICE ISSUED BY THE MUNICIPALITY
DATED 01.12.2022
ANNEXURE R1(C) A TRUE COPY OF THE NOTICE DATED
06.01.2023 ISSUED BY THE MUNICIPALITY TO
THE PETITIONER.
ANNEXURE R1(D) A TRUE COPY OF NOTICE ISSUED BY THE
MUNICIPALITY TO THE PETITIONER
DATED10.02.2023 .
ANNEXURE R1(E) A TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE MUNICIPALITY DATED
22.02.2023 .
ANNEXURE R1(F) A TRUE COPY OF THE STATEMENT BY THE
PETITIONER TO THE MUNICIPALITY
ANNEXURE R1(G) A TRUE COPY OF THE COMMUNICATION DATED
03.07.2023 ISSUED BY THE MUNICIPALITY TO
THE PETITIONER.
ANNEXURE R1(H) A TRUE COPY OF THE COMMUNICATION DATED
25.07.2023 ISSUED BY THE MUNICIPALITY TO
THE PETITIONER .
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EXHIBIT R3(A) TRUE COPY OF THE APPLICATION SUBMITTED BY
ME UNDER THE R.T.I. ACT, DATED, 2-11-2022
EXHIBIT R3(B) TRUE COPY OF THE ACKNOWLDGMENT RECEIPT
ISSUED BY THE PONNANI MUNICIPALITY DATED,
2-11-2022
EXHIBIT R3(C) TRUE COPY OF THE LICENSE ISSUED BY THE
PONNANI MUNICIPALITY FOR RUNNING THE
AUDITORIUM DATED 15-06-2022
EXHIBIT R3(D) TRUE COPY OF THE PROPERTY TAX RECEIPT
ISSUED TO ME BY THE PONNANI MUNCIPALITY
FOR THE FINANCIAL YEAR 2023-2024 DATED 7-
3-2024
EXHIBIT R3(E) TRUE COPY OF THE PROFESSION TAX RECEIPT
ISSUED TO ME BY THE PONNANI MUNCIPALITY
FOR THE PERIOD FROM 2022-2024 DATED 12-2-
EXHIBIT R3(F) TRUE COPIES OF THE PHOTOGRAPHS OF THE
AUDITORIUM SHOWING THE VIOLATIONS
