Kerala High Court
Jamsheer T vs The Kozhikode Municipal Corporation on 6 September, 2024
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W.P.(C) No.40918 of 2016
2024:KER:67769
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 40918 OF 2016
PETITIONER:
JAMSHEER T.
AGED 34 YEARS, S/O HAMSA,
THOTTATHIL HOUSE, MEKKAYIL PARAMBU,
NALLALAM P.O., KOZHIKODE DISTRICT.
BY ADV.
SRI.R.RANJITH (MANJERI)
RESPONDENTS:
1 THE KOZHIKODE MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY,
KOZHIKODE DISTRICT, PIN:673032.
2 THE SECRETARY
KOZHIKODE MUNICIPAL CORPORATION,
KOZHIKODE DISTRICT, PIN:673 032.
3 THE SUPERINTENDENT
BEYPORE REGIONAL OFFICE, KOZHIKODE
MUNICIPAL CORPORATION, BEYPORE,
KOZHIKODE DISTRICT, PIN:673015.
BY ADVS.
SRI.K.D.BABU
SRI.G.SANTHOSH KUMAR - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.40918 of 2016
2024:KER:67769
HARISANKAR V. MENON, J.
------------------------------
W.P.(C) No.40918 of 2016
------------------------------
Dated this the 6th day of September, 2024
JUDGMENT
The petitioner has filed this writ petition, seeking for an
appropriate direction to permit the petitioner to continue
occupying the shop rooms under the 1st respondent.
2. Today, Sri.G.Santhosh Kumar, the learned Standing
Counsel for the 1st respondent would submit that the petitioner
has since vacated the premises and the Corporation has already
leased out the premises to a third party.
3. In view of the above submissions, nothing survives for
consideration in this writ petition.
This writ petition would, therefore, stand dismissed.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2024:KER:67769
APPENDIX OF WP(C) 40918/2016
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE RECEIPT OF THE LICENCE
FEES PAID BY THE PETITIONER FOR THE YEAR
2016-17, DATED 24.2.2016.
EXHIBIT P2: TRUE COPY OF THE RECEIPT OF THE RENT PAID
BY THE PETITIONER, DATED 17.12.2016.
EXHIBIT P3: TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT HEREIN, DATED 29.11.2016.
EXHIBIT P4: TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER EXHIBIT P3 NOTICE, DATED
17.12.2016.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF THE COUNCIL DECISION DATED
15.05.2012.
EXHIBIT R1(b) TRUE COPY OF THE AGREEMENT DATED
01.07.2012 FOR SHOP ROOM NO.15/778K.
EXHIBIT R1(c) TRUE COPY OF THE AGREEMENT DATED
01.07.2012 FOR SHOP ROOM NO.15/778L.
EXHIBIT R1(d) TRUE COPY OF THE AGREEMENT DATED
01.07.2012 FOR SHOP ROOM NO.15/778M.
EXHIBIT R1(e) TRUE COPY OF THE AGREEMENT DATED
01.07.2012 FOR SHOP ROOM NO.15/778N.
EXHIBIT R1(f) TRUE COPY OF THE RELEVANT PART OF THE
REPORT SUBMITTED BY REVENUE INSPECTOR.
EXHIBIT R1(g) TRUE COPY OF THE RELEVANT PART OF THE
REPORT SUBMITTED BY ASSISTANT ENGINEER
(LSGD), KOZHIKODE.
EXHIBIT R1(h) TRUE COPY OF THE REPLY DATED 01.08.2014.
EXHIBIT R1(i) TRUE COPY OF THE RESOLUTION OF THE
STANDING COMMITTEE FOR FINANCE DATED
06.11.2014.
EXHIBIT R1(j) TRUE COPY OF THE RESOLUTION OF THE
STANDING COMMITTEE FOR FINANCE DATED
15.07.2015.
EXHIBIT R1(k) TRUE COPY OF THE RESOLUTION NO.32 DATED
17.08.2015.
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EXHIBIT R1(l) TRUE COPY OF THE COUNCIL DECISION DATED
01.10.2015
