Allowed

A. Vijayalakshmi Krishna, v. the State of Kerala

Kerala HC11 Mar 2024WP(C)/11223/2023

Case brief

AI extract

What is this about?

Three connected writ petitions over a shop room let by a charitable trust for a hotel in a building permitted under the Kerala Land Utilization Order for charitable use. The Court treated the Collector's order as a show cause notice, granted the trust an opportunity to object and be heard, quashed the Corporation's notice against the hotelier, and allowed her to operate until a final decision.

What did the court decide?

Ext.P15 treated as show cause notice; trust may file objections with hearing by Collector within two months; Ext.P4 in WP(C) 25925/2022 quashed; hotelier free to operate till final decision.

A. Vijayalakshmi Krishna, Vs the State of Kerala — Municipal and Town Planning | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

MONDAY, THE 11^TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945

¶5

WP(C) NO. 25925 OF 2022

¶6

PETITIONER:

¶7

A VIJAYALAKSHMI KRISHNA, AGED 39 YEARS D/O ANANTHAKRISHNAN, RESIDING IN THE ADDRESS 3/2, GD STREET, RACE COURSE, COIMBATORE-641018.

¶8

BY ADV G.SREEKUMAR (CHELUR)

¶9

RESPONDENTS:

¶10

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001.

¶11

2 THE THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, M O ROAD THRISSUR PO, THRISSUR DISTRICT-680 001.

¶12

3 THE SECRETARY, THRISSUR MUNICIPAL CORPORATION, M O ROAD, THRISSUR P O, THRISSUR DISTRICT-680 001.

¶13

BY ADV SHRI. SANTHOSH P.PODUVAL, SC

¶14

SRI. P.S.APPU, GP

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, ALONG WITH WP(C).11223/2023, 6622/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO. 25925 OF 2022

¶17

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 11^TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 WP(C) NO. 11223 OF 2023

¶21

PETITIONER:

¶22

A. VIJAYALAKSHMI KRISHNA, AGED 39 YEARS D/O ANANTHAKRISHNAN, RESIDING IN THE ADDRESS 3/2, GD STREET, RACE COURSE, COIMBATORE, STATE OF TAMILNADU, PIN - 641018

¶23

BY ADV G.SREEKUMAR (CHELUR)

¶24

RESPONDENTS:

¶25

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

¶26

2 THE THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, M O ROAD, THRISSUR P O, THRISSUR DISTRICT, PIN - 680001

¶27

3 THE SECRETARY, THRISSUR MUNCIPAL CORPORATION, M O ROAD, THRISSUR P O, THRISSUR DISTRICT - 680001

¶28

BY ADV SANTHOSH P.PODUVAL SRI.P.S.APPU - GP

¶29

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, ALONG WITH WP(C).25925/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶30

WP(C) NO. 25925 OF 2022

¶31

¶32

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶33

PRESENT

¶34

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 11^TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 WP(C) NO. 6622 OF 2014

¶35

PETITIONER:

¶36

TRICHUR AYYANTHOLE LIONS CLUB CHARITABLE TRUST REPRESENTED BY ITS CHAIRMAN, SRI.D.RAMANADHAN, HAVING ITS REGISTERED OFFICE AT JANANI NIVAS, CHELAT LANE, SANKARA IYYER ROAD, THRISSUR ROAD - 680 004.

¶37

SRI.SHAJI P.CHALY SRI.N.KRISHNA PRASAD SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH

¶38

RESPONDENTS:

¶39

1 DISTRICT COLLECTOR, THRISSUR AYYANTHOLE, THRISSUR - 680 003.

¶40

2 THE TAHSILDHAR (ASSESSING AUTHORITY UNDER THE BUILDING TAX ACT), THRISSUR - 680 003.

¶41

3 CIVIL SOCIETY AGAINST CORRUPTION AND INJUSTICE MEENAM, THENJITHIKAVU, AYYANTHOLE, THRISSUR - 680 003.

¶42

SRI.V.HARISH SRI.RAJAN VISHNURAJ SRI.P.G.SURESH SRI.G.SUDHEER THURAVOOR SRI.P.S.APPU - GP

¶43

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, ALONG WITH WP(C).25925/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶44

WP(C) NO. 25925 OF 2022

¶45

¶46

JUDGMENT

¶47

[WP(C) Nos.25925/2022, 11223/2023, 6622/2014]

¶48

The above three writ petitions are being disposed of together because, the cause of action projected in each of them are intrinsically connected.

¶49

The controversy in question relates to a shop room, which is part of a larger building constructed by the petitioner in W.P(C)No.6622 of 2014 - who will hereinafter be called the ‘Lions Club’.

¶50

The District Collector, Thrissur, alleges that the shop room has been let out by the ‘Lions Club’ to the petitioner in the other two writ petitions - Smt.A.Vijayalakshmi Krishna, for running a hotel, which is a commercial activity, though such is not permitted in the building, which was constructed on the strength of permission granted in relaxation of the Kerala Land Utilization order (‘KLU order’ for short). The petitioners assail the said order of the District Collector, producing it as Ext.P15 along with W.P(C)No.6622 of 2014, as being illegal and unlawful, asserting that the rental income from the hotel has been used only for the commercial purpose and no other.

¶51

¶52

WP(C) NO. 25925 OF 2022

¶53

While so, the Corporation of Thrissur appear to have initiated action against Smt.Vijayalakshmi Krishna for allegedly running a hotel in a building which was not meant for such purpose; and challenging the said order, namely Ext.P4 in W. (C)No.25925 of 2022, the said writ petition was filed; pending which, when she has applied for renewal of her licence, it was rejected for the same reason, thus constraining her to approach this Court again, through W.P(C)No.11223 of 2023.

¶54

The learned Government Pleader – Sri.P.S.Appu, submitted that the ‘Lions Club’ could not have let out the shop room in question to Smt.Vijayalakshmi Krishna for running a hotel because, the construction was permitted on certain specific conditions, including that it can be used only for charitable purposes. He added that, when paddy field was allowed to be filled up solely for charitable purposes, the obtension of commercial income from the building constructed consequent thereto by the ‘Lions Club’, is illegal and unlawful. He thus prayed that W.P(C)No.6622 of 2014 be dismissed; and resultantly that the other two writ petitions also be rejected.

¶55

Sri.Santhosh P.Poduval – learned Standing Counsel for the Thrissur Corporation, affirmed that Smt.Vijayalakshmi

¶56

¶57

WP(C) NO. 25925 OF 2022

¶58

Krishna has been issued with notices impugned in W. (C)No.25925 of 2022, followed by that in W.P(C)No.11223 of 2023 because, her activities are being carried on a building in which it is impermissible in law. He submitted that when this factum is virtually admitted, she could not have approached this Court, to assail the proceedings initiated by his client. He thus prayed that the said writ petition be dismissed.

¶59

Sri.G.Sreekumar Chelur – learned counsel for

¶60

Smt.Vijayalakshmi Krishna, however, submitted that his client is running a hotel on the strength of all licences issued by the Thrissur Corporation and without any intimation that the building was constructed by the ‘Lions Club’, under an exemption granted to them under the ‘KLU order’. He submitted that, nevertheless, it is impermissible for the Thrissur Corporation to have acted against his client merely because certain proceedings are pending against the ‘Lions Club’ under the ‘KLU order’ at the instance of the District Collector; and therefore, prayed that both the writ petitions filed by him be allowed.

¶61

Sri.Harish Vasudevan, appearing for the 3^rd respondent in W.P.(C) No. 6622/2014, submitted that his client is the complainant before the District Collector, on whose instance

¶62

WP(C) NO. 25925 OF 2022

¶63

¶64

Ext.P15 order has been issued. He submitted that, therefore, if this Court is inclined to direct the District Collector to reconsider the matter, then his client may also be given an opportunity of being heard.

¶65

I have considered the afore rival submissions very carefully.

¶66

As I have already said above, the genesis of the controversy in this question is a notice issued by the District Collector against the 'Lions Club', under the 'KLU Order'. This order, namely Ext.P15 in W.P.(C) No.6622/2014, indicates that the allegation against the 'Lions Club' is that they are using the building for commercial purposes, rather than for charitable ones. However, the answer of Sri.N.Krishna Prasad - learned counsel for the 'Lions Club', is that income from the shop, let out to Smt.Vijayalakshmi Krishna, has been and is being used by his client solely for charitable purposes; and that this can be established, if they are given an opportunity to answer it.

¶67

While so, Smt.Vijayalakshmi Krishna has specifically averred that she has all the licences, consents and permissions, as are required, to operate the shop, including those which are

¶68

¶69

WP(C) NO. 25925 OF 2022

¶70

issued by the Corporation itself; and therefore, that they could not have issued the notices impugned in W.P.(C) No.25925/2022 and 11223/2023 to his client, imputing that she is running her hotel in illegal fashion.

¶71

It is indubitable from the afore, that as matters now stand, the controversy between the parties can be resolved, only if the question relating to the building constructed by 'Lions Club' is properly considered by the competent Authority. This is because, on this, would revolve the question whether Smt.Vijayalakshmi Krishna is operating her hotel in a valid manner.

¶72

As I have already recorded above, it is the specific assertion of Sri.N.Krishna Prasad – learned counsel for the 'Lions Club', that the rental income being generated from the building, is used exclusively for the purpose of charitable purposes; and that this can be established by his client if they are given an opportunity. But, going by Ext.P15 in W.P.(C) No.6622/2014, the 'Lions Club' was never given such an opportunity, nor were they allowed to explain their stand.

¶73

I am, therefore, of the firm view that they require to be

¶74

WP(C) NO. 25925 OF 2022

¶75

¶76

given such an opportunity, before any further action can be taken pursuant thereto, particularly because they have been protected by an interim order from this Court for the last more than 10 years, when these writ petitions have been pending before this Court.

¶77

As a corollary, until such time as the afore exercise is completed and the District Collector takes a final decision, Smt.Vijayalakshmi Krishna cannot be interdicted from operating her hotel, particularly because she is also protected by interim orders in the other two writ petitions.

¶78

Resultantly, these writ petitions are disposed of with the following directions:

¶79

(a) W.P.(C) No.6622/2014 is allowed, directing the 1^st respondent - District Collector, to treat Ext.P15 therein only as a show cause notice having been issued to the 'Lions Club'. Consequently, the 'Lions Club' will be at liberty to file their objections to Ext.P15 before the District Collector, accompanied by any document and such other documentary inputs as they may deem fit; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be

¶80

¶81

WP(C) NO. 25925 OF 2022

¶82

considered by the said Authority, after affording them, as also the third respondent, an opportunity of being heard, thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months thereafter.

¶83

(b) W.P.(C) No.25925/2022 is allowed and Ext.P4 therein is quashed; however, leaving liberty to the Thrissur Corporation to take any further action as may be required, depending upon the decision taken by the District Collector in terms of direction (a) above.

¶84

¶85

orders in (b) above.

¶86

Sd/- DEVAN RAMACHANDRAN

¶87

JUDGE

¶88

stu

¶89

WP(C) NO. 25925 OF 2022

¶90

¶91

APPENDIX OF WP(C) 11223/2023

¶92

PETITIONER EXHIBITS

¶93

ExhibitP1	A TRUE COPY OF THE DEED OF TRUST BEARING
	NO.15 OF 1994 DATED 18.01.1994 OF THE AYYANTHOLE S.R.O.
ExhibitP2	A TRUE COPY OF THE ORDER PASSED IN W P C NO.6622 OF 2014 DATED 7.3.2022 BY THIS HON'BLE COURT.
ExhibitP3	A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 17.06.2022 ON THE TRICHUR-AYYANTHOLE LIONS CLUB CHARITABLE TRUST.
ExhibitP4	A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 30.06.2022.
ExhibitP5	A TRUE COPY OF THE REPLY GIVEN BY THE CHARITABLE TRUST DATED 11.07.2022.
ExhibitP6	A TRUE COPY OF THE RECEIPT ISSUED FOR ISSUANCE OF EXT.P5 DATED 12.07.2022.
ExhibitP7	A TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE NOTICE SERVED DATED 16.07.2022.
ExhibitP8	A TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 18.07.2022.
ExhibitP9	A TRUE COPY OF THE ORDER OF THE TAHASILDAR, THRISSUR TALUK OFFICE DATED 6.2.2014.
ExhibitP10	A TRUE COPY OF THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA, LICENSE ISSUED TO THE PETITIONER DATED 10.5.17
ExhibitP11	A TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD,
	THRISSUR THROUGH ITS ENVIRONMENTAL
	ENGINEER, WHICH IS THE CONSENT TO OPERATE

¶94

WP(C) NO. 25925 OF 2022

¶95

¶96

	ISSUED	DATED	3.3	.20.
ExhibitP12	A TRUE THIRD R	COPY ESPOND	OF ENT	THE DAT	RECEIPT ISSUED BY THE ED 5.3.22.
ExhibitP13	A TRUE PETITIO 21.2.20	COPY NER BE 23.	OF FOR	TH E TH	E APPLICATION OF THE E 3RD RESPONDENT DATED
ExhibitP14	A TRUE THIRD R	COPY ESPOND	OF ENT	THE DAT	RECEIPT ISSUED BY THE ED 22.2.2023.
ExhibitP15	A TRUE THIRD R	COPY ESPOND	OF ENT	THE DAT	COMMUNICATION BY THE ED 20.3.2023.
ExhibitP16	A TRUE HON'BLE DATED 1	COPY COURT 1.8.20	OF IN 22	THE IN	ORDER PASSED BY THIS W P Â© NO25925 OF 2022

¶97

WP(C) NO. 25925 OF 2022

¶98

¶99

APPENDIX OF WP(C) 6622/2014

¶100

PETITIONER EXHIBITS

¶101

P1:-TRUE COPY OF THE TRUST DEED 18/1/1994

¶102

P1(A):-TRUE COPY OF DEED DTD 28/5/2011

¶103

P2:-TRUE COPY OF THE OFFER LETTER OF LINOS CLUB INTERNATION FOUNDATION DTD 27/4/2006

¶104

P3:-TRUE COPY OF THE LETTER DTD 16/9/2003 ISSUED BY THE CORPORATION

¶105

P4:-TRUE COPY OF THE APPLICATION SUBMITED BEFORE THE IST RESPONDENT SEEKING PERMISSION UNDER TH PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967(HEREINAFTER REFERRED TO AS THE 'UTILIZATION ORDER 'FOR SHORT)DTD 16/11/2005

¶106

P5:-TRUE COPY OF THE ORDER DTD 19/1/2006

¶107

P6:-TRUE COPY OF THE JUDGMENT OF THIS HONURABLE COURT DTD 17/6/2008 IN WPC NO 7482/2007

¶108

P7:-TRUE COPY OF THE BUILDING PERMIT NO DW5/BA/321/08-09

¶109

P8:-TRUE COPY OF THE DEED OF LICENSE ENTERED IN TO BETWEEN THE PETITIONER TRUST AND THE OWNERS OF 'HOTEL AARYAS'DTD 15/11/2010

¶110

P9:-TRUE COPY OF THE COMPLAINT DTD 22/10/2012

¶111

P10:-TRUE COPY OF THR RELEVANT PAPER CUTTING EVIDENCING THE INAUGURATION OF THE VOCATIONAL CENTRE

¶112

P11:-TRUE COPYOF THE REPORT DTD 5/2/2013

¶113

P12:-TRUE COPY OF THE PETITION DTD 18/7/2013

¶114

P13:_TRUE COPY OF THE INSPECTION REPORT

¶115

P14:-TRUE COPY OF THE EXPLANATION DTD 5/9/2013 BEFORE THE IST RESPONDENT

¶116

WP(C) NO. 25925 OF 2022

¶117

¶118

P15:-TRUE COPY OF THE ORDER DTD 21/2/2014

¶119

P17:-TRUE COPY OF THE FILED BEFORE THE SOCIAL JUSTICE OFFICER(UNDATED)

¶120

P18:-TRUE COPY OF THE LETTER DTD 29/11/2012 RECEIVED FROM THE PROFESSOR OF GENERAL SURGERY, MEDICAL COLLEGE, THRISSUR

¶121

P19:-TRUE COPY OF THE LETTER DTD 7/1/2013 ISSUED FROM JUBILEE MISSION MEDICAL HOSPITAL, THRISSUR

¶122

P20:-TRUE COPY OF THE STATEMENT CONTAINING THE NAMES OF STUDENTS MAINTAINED BY THE PETITIONER TRUST

¶123

RESPONDENT'S EXHIBITS:

¶124

R3(A)- TRUE PHOTOGRAPHS EVIDENCING THE TWO STORIED BUILDING THAT HAS BEEN BUILT BY THE PETITIONER.

¶125

R3(B)- TRUE PHOTOCOPY OF THE CIRCULAR NO.9911/NCA3/99/AD DATED 05.11.99 ISSUED BY THE GOVERNMENT OF KERALA.

¶126

WP(C) NO. 25925 OF 2022

¶127

¶128

APPENDIX OF WP(C) 25925/2022

¶129

PETITIONER EXHIBITS

¶130

Exhibit P1	A TRUE COPY OF THE	DEED OF TRUST BEARING
	NO.15 OF 1994 DATE AYYANTHOLE S.R.O.	D 18.01.1994 OF THE
Exhibit P2	A TRUE COPY OF THE NO.6622 OF 2014 DAT HON'BLE COURT.	ORDER PASSED IN WPC ED 7.3.2022 BY THIS
Exhibit P3	A TRUE COPY OF THE NO RESPONDENT DATED 17.06 AYYANTHOLE LIONS CLUB	TICE ISSUED BY THE 3RD .2022 ON THE TRICHUR- CHARITABLE TRUST.
Exhibit P4	A TRUE COPY OF THE PETITIONER DATED 30.06	NOTICE ISSUED TO THE .2022.
Exhibit P5	A TRUE COPY OF THE CHARITABLE TRUST DATED	REPLY GIVEN BY THE 11.07.2022.
Exhibit P6	A TRUE COPY OF THE ISSUANCE OF EXT.P5 DAT	RECEIPT ISSUED FOR ED 12.07.2022.
Exhibit P7	A TRUE COPY OF THE PETITIONER TO THE 16.07.2022.	REPLY GIVEN BY THE NOTICE SERVED DATED
Exhibit P8	A TRUE COPY OF THE REC RESPONDENT DATED 18.07	EIPT ISSUED BY THE 3RD .2022.
Exhibit P9	A TRUE COPY OF THE OR THRISSUR TALUK OFFICE,	DER OF THE TAHASILDAR, DATED 6.2.2014.

A. Vijayalakshmi Krishna, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

A. Vijayalakshmi Krishna, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Merlin K Joseph Vs State of Kerala

Sreejith Mb Vs the State of Kerala

Vinitha Monteiro Vs State of Kerala

Devika Bipin, Vs the Bank Manager, Union Bank of India

Sree Vidhyadhiraja Homoeopathic Medical College Vs Kesavendra Kumar IAS

Allen Wilson Thaliyath, Vs State of Kerala