Petitioner challenged a show cause notice stopping his retail business, arguing it was issued without prior opportunity of hearing. Court directed reconsideration by the Secretary with a mandatory hearing.
Ext.P4 treated as show cause notice; case remanded to 2nd respondent to record objections and decide within 15 days after hearing.
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 VIJU ABRAHAM
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 1734 OF 2023
PETITIONER:
ABDUL AZEEZ AGED 70 YEARS S/O LATE SULAIMAN RAWTHER,VANIAPPURA HOUSE, IREEKKODE KARA, KARIKKODE, THODUPUZHA, IDUKKI DISTRICTADISTRICTATE, PIN - 685584
BY ADV P.R.VENKATESH
RESPONDENTS:
1 ADOOR MUNICIPALITY ADOOR MUNICIPAL OFFICE, ADOOR REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA DISTRICT-, PIN - 691523
2 SECRETARY, ADOOR MUNICIPALITY ADOOR MUNICIPAL OFFICE, ADOOR, PATHANAMTHITTA DISTRICT-, PIN - 691523
3 HEALTH INSPECTOR ADOOR MUNICIPALITY, ADOOR MUNICIPAL OFFICE, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523
BY ADV K.SHAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.1734 of 2023 2
VIJU ABRAHAM,J
W.P.(C).No.1734 of 2023
Dated this the 1st day of March, 2023
JUDGMENT
Petitioner approaches this Court challenging
Ext.P4 order and for a further direction to the 2nd
respondent issue trade licence, on the strength of
licence fee remitted on 4.1.2023 as is evident from Ext.P2 receipt. Petitioner submits that he has taken the premises on rent as per Ext.P1 agreement from the building owner one Simon Cherian for conducting a retail business in the name and style of 'Lisa Fashions'. Petitioner submits that an
application submitted before the respondent Municipality for obtaining a trade licence for conducting a retail sale of textile was processed by
the Municipality and permitted the petitioner to remit trade licence fee of Rs.1,100/- and the same
has been remitted by the petitioner as is evident
from Ext.P2 receipt issued by the Municipality.
When the petitioner made arrangement for
W.P.(C).No.1734 of 2023 3
commencement of the business, he has been served
with Ext.P4 notice dated 16.12023 by the Health Inspector of Adoor Municipality, wherein the petitioner was directed to stop the business activities undertaken in the said premises. Petitioner submits that Ext.P4 has been issued
without notice to him and it is also contended that the 3rd respondent is not authorised to issue such a
notice in the nature of Ext.P4 and only the
secretary is empowered to do so.
Municipality entered appearance through counsel and filed a detailed counter affidavit, wherein it is
stated that as per Section 50(2) of the Kerala
Municipality Act, the secretary is empowered to delegate his powers to officers under him and such written delegation is given to the 3rd respondent as
is evident from Ext.R1(A) and therefore, the 3rd
respondent is fully authorised to issue notice in the nature of Ext.P4.
W.P.(C).No.1734 of 2023 4
that since Ext.P4 order has been issued without
notice to the petitioner, the same shall be reconsidered by the respondent Municipality and the
said exercise shall be undertaken by the 2nd respondent himself, the secretary of the
Municipality. Therefore, it is ordered that Ext.P4 shall be treated as a show cause notice and the petitioner shall file a detailed objection to the same and a decision in the matter shall be taken by the 2nd respondent within a period of 15 days after affording an opportunity of being heard to the petitioner. It is also ordered that further
proceedings pursuant to Ext.P2 for issuance of a
trade licence to the petitioner shall also be
considered while taking a decision as directed above. Till a decision is taken, the interim order
granted by this Court on 25.1.2023 shall continue.
Above writ petition is disposed of accordingly.
sd/-
VIJU ABRAHAM, JUDGE
pm
W.P.(C).No.1734 of 2023 5
APPENDIX OF WP(C) 1734/2023
PETITIONER EXHIBITS
Exhibit p1 TRUE COPY OF THE AGREEMENT WITH THE BUILDING OWNER SIMON CHERIAN Exhibit2 TRUE COPY OF RECEIPT DATED 4.1.2023 ISSUED TO THE PETITIONER BY THE ADOOR MUNICIPALITY. Exhibit p3 -TRUE COPY OF PROPERTY TAX RECEIPT DATED 9.3.2022. Exhibit p4 TRUE COPY OF THE SAID NOTICE DATED 16.1.2023 FROM THE ADOOR MUNICIPALITY.
RESPONDENT EXHIBITS
Exhibit R1(A) A true copy of the Order No. G1-7955/2021 dated 04/10/2021 issued by the 2nd respondent Secretary of Adoor Municipality
2 issues framed by the court
Whether the show cause notice issued by the Health Inspector was valid without prior notice to the petitioner?
Whether the petitioner is entitled to a fresh hearing and a decision by the Secretary before final taking of the trade licence issue?
ABDUL AZEEZ
ADOOR MUNICIPALITY
SECRETARY, ADOOR MUNICIPALITY
HEALTH INSPECTOR ADOOR MUNICIPALITY
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
