The High Court of Kerala disposed of a writ petition challenging the rejection of an auditorium license renewal due to unauthorized constructions. The Court noted that the constructions were regularized and an occupancy certificate was subsequently issued, rendering further adjudication unnecessary.
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.
W.P.(C) No. 15085/2015 : 1 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 9TH DAY OF JANUARY 2023 / 19TH POUSHA, 1944
WP(C) NO. 15085 OF 2018
PETITIONER/S:
ABDUL KAREEM AGED 48 YEARS S/O.MAMMUKUTTY MASTER, PALAYANKAL HOUSE,KUNNUKAVU.P.O., ELAMKULAM AMSOM, DESOM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV SRI.U.K.DEVIDAS
RESPONDENT/S:
R1 & R2 BY SRI.P.C.SASIDHARAN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 15085/2015 : 2 :
SHAJI P. CHALY, J.
--------------------------------------------------------W.P.(C). No. 15085 of 2018
--------------------------------------------------------Dated this the 9th day of January, 2023.
JUDGMENT
The petitioner has filed this writ petition seeking the following reliefs:
Ext.P10 order dated 18.04.2018 passed by the Secretary of the
Perinthalmanna Municipality, respondent No.2, whereby the renewal of licence of an auditorium was rejected assigning the reason that
many unauthorised and illegal constructions are carried out by the petitioner.
W.P.(C) No. 15085/2015 : 3 :
along with I.A. No. 1 of 2022, Ext.P11 occupancy certificate issued by the Secretary of the Perinthalmanna Municipality, respondent No.2, is produced. Apparently, the unauthorised constructions are regularised and thereafter only Ext.P11 occupancy certificate dated 03.01.2022 is issued.
submitted that the unauthorised constructions are regularised and thereafter, the licence is also issued to the auditorium.
In that view of the matter, after having heard the learned counsel for the petitioner Sri. U.K. Devidas and the learned Standing Counsel for the Perinthalmanna Municipality Sri. P.C Sasidharan, this writ petition is disposed of recording the above aspects.
sd/- SHAJI P. CHALY, JUDGE.
Rv
W.P.(C) No. 15085/2015
: 4 :
APPENDIX OF WP(C) 15085/2018
PETITIONER’S EXHIBITS:
| EXT.P1. | TRUE COPY OF THE DEMAND NOTICE DATED 14-09- 2017 ISSUED BY THE SECOND RESPONDENT. |
|---|---|
| EXT.P2. | TRUE COPY OF THE RECEIPT DATED 09-10-2017 FOR RS. 54645/- |
| EXT.P3. | TRUE COPY OF THE RECEIPT DATED 13-10-2017 FOR RS. 9,000/- |
| EXT.P4. | TRUE COPY OF THE LICENSE NO. 401/17-18 DATED 20-10-2017. |
| EXT.P5. | TRUE COPY OF THE SHOW CAUSE NOTICED DATED 06-11-2017. |
| EXT.P6. | TRUE COPY OF THE REPLY LETTER DATED 10-11-2017 |
| EXT.P7. | TRUE COPY OF THE APPLICATION FOR RENUEWAL LICENSE DATED 27-03-2018. |
| EXT.P8. | TRUE COPY OF THE DEMAND DRAFT FOR RS. 9,000/- DATED 28-03-2018. |
| EXT.P9. | TRUE COPY OF THE LETTER DATED 17-04-2018 ISSUED BY THE SECOND RESPONDENT. |
| EXT.P10. | TRUE COPY OF THE ORDER DATED 18-04-2018 ISSUED BY THE SECOND RESPONDENT. |
| Exhibit P11 | TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 3.1.2022 ISSUED BY THE SECOND RESPONDENT. |
RESPONDENTS’ EXHIBITS : NIL
True Copy
PS To Judge.
rv
2 issues framed by the court
Whether the license renewal rejection due to unauthorized constructions should be reconsidered in light of regularization and occupancy certificate.
Whether the petitioner is entitled to continue functioning of the auditorium till a final order pursuant to the show cause notice.
Abdul Kareem
The Secretary Perinthalmanna Municipality
The Secretary Perinthalmanna Municipality
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
