Petitioner challenged non-numbering of her leased premises after lease expiry. Court directed Municipality to consider her renewal application if received, then disposed of petition allowing limited relief.
Directing Municipality to consider petitioner's application for lease renewal and pass orders thereon.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930
WP(C).No. 4165 of 2006(U)
-------------------------------------
PETITIONER:
-------------------SHYLAJA N., D/O. INDIRA, NAKKOD PUTHEN VEEDU, PERUMPAZHUTHOOR P.O., NEYYATTINKARA.
BY ADV. SRI.P.B.SAHASRANAMAN
SRI.K.JAGADEESH SRI.T.S.HARIKUMAR
RESPONDENT:
----------------------THE NEYYATTINKARA MUNCIPALITY, REPRESENTED BY ITS SECRETARY, NEYYATTINKARA.
*ADDL.R2 & R3 ARE IMPLEADED:
R2. K.PRIYAMVADA, ANANTHERI PUTHEN VEEDU, CHAIKOOTTUKONAM P.O., NEYYATTINKARA.
(IS IMPLEADED AS ADDL.R2 AS PER ORDER DTD. 1/12/06 IN I.A.NO.11587/06)
R3. S.K.JAYACHANDRAN, 'SHEEJA NIVAS', MAMPAZHAKARA, PERUMPAZHUTHOOR.
(IS IMPLEADED AS ADDL.R3 AS PER ORDER DTD. 1/12/06 IN I.A.NO.6925/06)
ADV. SRI.G.SUDHEER FOR R1 SRI.S.EASWARAN FOR ADDL.R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.4165/2006 U
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE INTIMATION DTD. 18TH APRIL, 2005 GIVEN BY THE RESPONDENT TO THE PETITIONER. |
|---|---|
| EXT.P2: | COPY OF THE RECEIPT DTD. 18/04/2005. |
| EXT.P3: | COPY OF THE RECEIPT DTD. 5/01/2006. |
RESPONDENT'S EXHIBITS:
| EXT.R(A): | COPY OF THE DECISION OF THE COUNCIL NO.4(1) DTD. 17/03/2005 OF THE NEYYATTINKARA MUNICIPALITY. |
|---|---|
| EXT.R(B): | COPY OF THE DECISION OF THE COUNCIL NO.4(2) DTD. 27/07/2005 OF NEYYATTINKARA MUNICIPALITY. |
| EXT.R(C): | COPY OF THE DECISION OF FINANCE COMMITTEE OF NEYYATTINKARA MUNICIPALITY DTD. 31/01/2006. |
| EXT.R(D): | COPY OF THE DECISION NO.9 DTD. 3/2/2006 OF NEYYATTINKARA MUNICIPALITY. |
| EXT.R2(A): | COPY OF THE RESOLUTION NO.P.1996/05 ISSUED BY RESPONDENTS TO THE PETITIONER. |
| EXT.R2(B): | COPY OF THE NOTICE NO.P.1996/2005 DTD. 28/06/2005. |
| EXT.R2(C): | COPY OF THE REPRESENTATION ISSUED BY THE RESPONDENTS TO THE PETITIONER. |
| EXT.R3(A): | COPY OF COMPLAINT DTD. NIL SUBMITTED BY C.SADASIVAN PILLAI BEFORE THE SECRETARY OF THE 1ST RESPONDENT MUNICIPALITY. |
| EXT.R3(B): | COPY OF REPORT DTD. 15/06/2005 SUBMITTED BY THE SECRETARY FOR DECISION BY THE COUNCIL. |
| EXT.R3(C): | COPY OF COMMUNICATION DTD. 31/03/2005 SUBMITTED BY THE SECRETARY OF THE 1ST RESPONDENT. |
| EXT.R3(D): Kss |
COPY OF COMMUNICATION DTD. 17/07/2005 ISSUED TO SHRI.SASI BY THE SECRETARY OF THE 1ST RESPONDENT. ..2/- |
....2.....
WPC.NO.4165/2006 U
RESPONDENT'S ANNEXURES:
ANNEXURE A1: COPY OF NOTICE NO.P-1196/2005 DTD. 28/06/2005 ISSUED BY THE SECRETARY OF THE NEYYATTINKARA MUNICIPALITY TO THE PETITIONER SMT. SHYLAJA. ANNEXURE A2: COPY OF REPLY DTD. NIL BY SMT. SHYLA TO ANNEXURE A1 NOTICE. ANNEXURE A3: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER HEREIN BEFORE THE SECRETARY ON 31/03/2006.
/TRUE COPY/
P.S.TO JUDGE
Kss
ANTONY DOMINIC, J.
W.P.(C) 4165 of 2006
Dated: AUGUST 26, 2008
JUDGMENT
Petitioner submits that based on Ext.R(a) resolution passed by the Council of the respondent Municipality, Ext.P1 intimation was given to her authorising to enclose a portion of the 'Akshaya Shopping Complex' of the respondent Municipality. According to the petitioner, she complied with the terms of the allotment by making deposit of Rs.50,000/- and also advance rent. Thereafter she enclosed the premises mentioned in Ext.P1, using her own funds and started business there. But, however, the building in question was not numbered and it is on account of this, the writ petition was filed.
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WP(C) 4165 of 2006
period of lease granted in favour of the petitioner has expired on 17.6.2008 by efflux of time. It is also stated that an application for renewal made by the petitioner has been received and that the municipality is yet to take a decision on the application.
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WP(C) 4165 of 2006
the lease which, as stated above, is made on the expiry of the existing lease and I see no reason to deny this prayer.
With the above direction this writ petition is disposed
of.
ANTONY DOMINIC, JUDGE
mt/-
1 issue framed by the court
Whether the petitioner is entitled to a direction for the Municipality to consider her application for lease renewal.
Colour shows how this judgement treated each authority
WP(C) 18646/2008Referred¶44
Shylaja N.
Neyyattinkara Municipality
Antony Dominic
As recorded by the court registry
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