Partly allowed

Mohammed Abdul Khader , v. Cherpulassery Municipality

Kerala HC4 Apr 2022WP(C)/4905/2022

Case brief

AI extract

What is this about?

The court quashed trade licenses issued by the Secretary without the Council's decision. It directed the Municipal Council to consider the application for a private market license after hearing all parties within three weeks.

What did the court decide?

Trade licenses were set aside and a direction issued to the 3rd respondent to consider and pass orders on the 5th respondent's application within three weeks.

Mohammed Abdul Khader , Vs Cherpulassery… — Public Procurement and Tenders | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO.4905 OF 2022

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PETITIONERS :-

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1 MOHAMMED ABDUL KHADER, AGED 60 YEARS S/O. ALAVI KURUKKAL, PULATHARAKKAL, POST CHERPULASSERY, PALAKKAD - 679 503.

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2 T.R. MUJEEB RAHMAN, AGED 60 YEARS S/O. SYED ALAVI, THIRKKANANKUNNATH HOUSE, CHERPULASSERY, PALAKKAD - 679 503.

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BY ADVS. K.T.THOMAS MATHEW B.KURIAN NIKHIL BERNY

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RESPONDENTS :-

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1 CHERPULASSERY MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD - 679 503, REP. BY ITS SECRETARY.

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2 THE SECRETARY, CHERPULASSERY MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD - 678 503.

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3 THE MUNICIPAL COUNCIL, CHERPULASSERY MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD - 678 503, REP. BY ITS CHAIRPERSON.

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4 THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, PALAKKAD - 678 014.

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5 MUHAMMED SALIH, THAZHATHETHIL HOUSE, OTTAPALAM P.O, PALAKKAD - 679 101. BY ADVS. M.SASINDRAN P.SHANES METHAR N.KRISHNA PRASAD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.4905 OF 2022

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-: 2 :-

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JUDGMENT

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Dated this the 4th day of April, 2022

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This writ petition is filed seeking the following reliefs :-

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“(i) To issue a writ of mandamus or other appropriate writ, order or direction directing respondents 2 and 4 to consider and pass orders on Exts.P4 and P5 representations submitted by petitioners within a time limit.

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(ii) To issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 3 to restrain the 5^th respondent from commencing the market operations in Building bearing Door Nos.25/634 (1 to *) of Cherpulassery Municipality.

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(iii) To grant such other reliefs which this Hon'ble Court deems fit and proper in the circumstances of the case.

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(iv) To issue a writ of certiorari or other appropriate writ, order or direction quashing Exts.P7 and P8 trade licenses issued by the 2^nd respondent.”

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Heard the learned counsel for the petitioners, the

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learned counsel appearing for the Municipality, the learned Standing Counsel appearing for the Kerala Pollution Control Board as well as the learned counsel appearing for the 5^th respondent.

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It is submitted by the learned counsel appearing for the petitioners that Exts.P7 and P8 which are admittedly the licenses issued to the 5^th respondent are issued by the Secretary and that it is for the 3^rd respondent to have taken a decision on the request made by the 5^th respondent for licenses.

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WP(C) NO.4905 OF 2022

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-: 3 :-

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The learned counsel for the Municipality as well as the learned counsel for the 5^th respondent do not seriously contest the said contentions.

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In the above view of the matter, I am of the opinion that it is for the 3^rd respondent to take an appropriate decision on the application for licence submitted by the 5^th respondent.

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Exts.P7 and P8 are, therefore, set aside to enable the 3^rd respondent to take an appropriate decision. There will be a direction to the 3^rd respondent to take up the application submitted by the 5^th respondent for licence and to consider and pass orders on the same, after hearing the 5^th respondent as well as the petitioners, within a period of three weeks from the date of receipt of a copy of this judgment, taking note of Sections 460 and 463 of the Kerala Municipality Act.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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Jvt/5.4.2022

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WP(C) NO.4905 OF 2022

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-: 4 :-

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APPENDIX OF WP(C) 4905/2022

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PETITIONER EXHIBITS

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Exhibit	P1 THE COPY OF THE REPRESENTATION DATED 13.09.2021 SUBMITTED BY THE LOCAL RESIDENTS.
Exhibit	P2 TRUE COPY OF THE RELEVANT EXTRACT EXTRACT OF NOTICE OF MEETING DATED 18.01.2022 OF THE MUNICIPAL COUNCIL.
Exhibit	P3 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY 4TH RESPONDENT.
Exhibit	P4 TRUE COPY OF THE REPRESENTATION DATED 01.02.2022 SUBMITTED BEFORE 4TH RESPONDENT.
Exhibit	P5 TRUE COPY OF THE REPRESENTATION DATED 01.02.2022 SUBMITTED BEFORE CHERPULASSERY MUNICIPALITY.
Exhibit	P6 TRUE COPY OF THE SKETCH OF THE AREA.
Exhibit	P7 TRUE COPY OF THE LICENCE DATED 27.01.2022 IN RESPECT OF DOOR No.25/634 (1 TO 8) ISSUED BY SECRETARY, CHERPULASSERY MUNICIPALITY.
Exhibit	P8 TRUE COPY OF THE LICENCE DATED 23.10.2021 IN RESPECT OF DOOR Nos.25/634 (9 TO 18) ISSUED BY THE SECRETARY, CHERPULASSERY MUNICIPALITY.

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RESPONDENTS' EXHIBITS :-

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EXHIBIT R5(A) : TRUE COPY OF THE NOTICE DATED 20.2.2022 PUBLISHED BY HIDAYAT ISLAM MADRASA COMMITTEE.

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EXHIBIT R5(B) : TRUE COPY OF THE PHOTOGRAPH OF 5TH RESPONDENTS SUPERMARKET.

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EXHIBIT R5(C) : TRUE COPY OF THE CONSENT TO OPERATE No.PCB/ PLKD/ICO/F/160 36213/2021 DATED 04-08-2021 ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT R5(D) : TRUE COPY OF THE LICENCE.

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WP(C) NO.4905 OF 2022

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-: 5 :-

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EXHIBIT R5(E) : TRUE COPY OF NOTICE DATED 15-02-2022 ISSUED BY CORDOVA COLLEGE, CHERPULASSERRY.

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EXHIBIT R5(F) : TRUE COPY OF THE APPLICATION FOR LICENCE SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT MUNICIPALITY.

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EXHIBIT R5(G) : TRUE COPY OF THE MINUTES OF MEETING OF THE 1ST RESPONDENT COUNCIL DATED 24.01.2022.

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ANNEXURE R1(a) : TRUE COPY OF THE DECISIONS OF DISTRICT LEVEL COMMITTEE OF SINGLE WINDOW CLEARANCE BOARD.

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ANNEXURE R1(b) : TRUE COPY OF THE MINUTES OF THE MEETING OF THE MUNICIPALITY DATED 24-01-2022.

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ANNEXURE R1(c) : TRUE COPY OF THE LICENCE ISSUED TO THE 5TH RESPONDENT TO CONDUCT PRIVATE MARKET.

Mohammed Abdul Khader , v. Cherpulassery Municipality

Case brief

What is this about?

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Mohammed Abdul Khader , v. Cherpulassery Municipality

Case brief

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What did the court decide?

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