Petitioner challenged a notice regarding operation of hotel without Drinks and Other licence and sought renewal and deemed licence. The court disposed of the writ petition without substantive adjudication mentioned in the text.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940
WP(C).No. 3710 of 2019
PETITIONER:
KAMARUDHEEN A.V., AGED 49 YEARS S/O.MUHAMMED, SEIKO HOTEL, SEIKO VEETTIL, KOTTAPPADI, VADAKKACHERY ROAD, KUNNAMKULAM, THRISSUR-680503.
BY ADVS. SRI.PRAVEEN K. JOY SMT.M.K.SAMYUKTHA SMT.M.R.ESHRATH BAI SRI.E.S.SANEEJ SRI.N.ABHILASH
RESPONDENTS:
1 KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM, THRISSUR-680503, REP. BY SECRETARY.
2 SECRETARY, KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM, THRISSUR-680503.
SRI.I.V.PRAMOD, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3710 of 2019
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JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
1. To issue a writ, order or direction in the nature of mandamus directing respondent No.2 to allow the renewal application, by renewing license for the hotel of the petitioner, under Ext.P7 application, within a stipulated time.
2. To issue a writ, order or direction in the nature of mandamus directing respondent No.2 to issue a writ of mandamus or other appropriate writ, order or direction directing deemed licence by renewing license for the hotel of the petitioner, under Ext.P7 application, within a stipulated time, in the interest of justice.
3. To issue a writ, order or direction in the nature of mandamus directing respondent No.2 to pass orders on Ext.P9 application, on the basis of Ext.P6 request for regularisation, by renewing license for the hotel of the petitioner, under Ext.P7 within a stipulated time, in the interest of justice.
4. To call for the records leading to issuance of Ext.P5 and to set aside the same, in the interest of justice.
5. To grant such other reliefs as may be deemed fit and proper, in the interest of justice.
by the Secretary of the Kunnamkulam Municipality dated
WP(C).No. 3710 of 2019 3
22.2.2018, whereby it is informed that, petitioner is conducting a hotel business without securing any D&O licence from the Municipality and if appropriate actions are not taken, coercive action will be taken against the petitioner. Thereafter, petitioner has submitted Ext.P7 application for renewal of D&O licence dated 2.10.2018. The case put forth by the petitioner is that, by virtue of an enabling provision contained
under section 236(3)of the Kerala Panchayat Raj Act,1994, petitioner is entitled to secure a deemed licence. Anyhow petitioner is continuing in the premises and according to the petitioner, he is also carrying on the business without any interference from
the Municipal authorities and only one month to complete the financial year. Therefore, if any application for D&O licence for the ensuing year 20192020 is submitted by the petitioner, the Secretary of the Municipality will be at liberty to consider the same and if there are any illegal constructions carried out by the petitioner, the Municipality will
also be at liberty to take appropriate action in accordance with law. Petitioner is given the liberty to continue in the premises till 31.3.2019.
WP(C).No. 3710 of 2019
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Writ petition is disposed of accordingly.
Smv 14.2.2019
SHAJI P.CHALY
JUDGE
WP(C).No. 3710 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE PHOTOCOPY OF THE AGREEMENT DATED 01.12.2017. |
|---|---|
| EXHIBIT P2 | THE TRUE PHOTOCOPY OF THE LICENSE FEES RECEIPT DATED 08.03.2016 OF KUNNAMKULAM MUNICIPALITY. |
| EXHIBIT P3 | THE TRUE COPY OF THE TAX RECEIPT NO.0035027 DATED 19.08.2017. |
| EXHIBIT P4 | THE TRUE COPY OF THE CONSENT LETTER DATED 06.02.16. |
| EXHIBIT P5 | THE TRUE COPY OF THE NOTICE DATED 22.02.2018. |
| EXHIBIT P6 | THE TRUE COPY OF THE FEE RECEIPT DATED 14.11.2018 FOR REGULARIZATION. |
| EXHIBIT P7 | THE TRUE PHOTOCOPY OF THE APPLICATION FOR RENEWAL OF LICENSE DATED 02.10.2018. |
| EXHIBIT P8 | THE TRUE COPY OF THE LETTER DATED 03.12.2018 OF THE PETITIONER. |
| EXHIBIT P9 | THE TRUE COPY OF THE REPRESENTATION DATED 04.02.19. |
Kamarudheen A.V.
Secretary, Kunnamkulam Municipality
Kunnamkulam Municipality
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
