Judgment
WP(C) NO. 6318 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 WP(C) NO. 6318 OF 2023 PETITIONER:
DAWN JACOB VARGHESE, AGED 47 YEARS S/O. M.C. GEE VARGHESE, RESIDING AT MUTHALATHOTTATHIL HOUSE, BETHEL, ROSE LANE, 65 A, MYTHRI NAGAR, THOTTAKKATTUKARA, ALUVA, PIN - 683 108, PROPRIETOR, SPACE FREIGHT LOGISTICS, SHANTHI APARTMENT, APARTMENT NO-003, ALAPPAT CROSS ROAD, RAVIPURAM, PIN - 682016 BY ADV K.V.JAYADEEP MENON RESPONDENTS:
1 THE SECRETARY, KOCHI MUNICIPAL CORPORATION, ERNAKULAM, PIN - 682011 2 THE HEALTH OFFICER (I/C), KOCHI MUNICIPAL CORPORATION, ERNAKULAM, PIN - 682011 3 ADDL. R3. THE SHANTHI RESIDENCY OWNER'S ASSOCIATION, ALAPPAT CROSS ROAD, RAVIPURAM, PIN - 682 016 , REPRESENTED BY ITS SECRETARY (ADDL. R3 IS IMPLEADED AS PER ORDER DATED 06-03-2023 IN WP(C) 6318/2023) BY ADVS.
K.B.ARUNKUMAR No Advocate Suresh B S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6318 OF 2023 2 VIJU ABRAHAM, J WP(C) No.6318 of 2023 Dated this the 3 rd day of April 2023 J U D G M E N T Petitioner has approached this court aggrieved by Ext.P15 order wherein the trade licence issued by the respondent -Corporation has been cancelled.
2.
The petitioner has a specific case that Ext.P15 order has been issued without affording an opportunity of being heard to the petitioner. Petitioner submitted that he was issued with Ext.P10 notice to which he filed Ext.P11 reply seeking for an adjournment of the hearing. Thereafter, further notice was issued as Ext.P12 and he preferred Ext.P13 reply requesting the respondent Corporation to – furnish certain documents and that the hearing date may be adjourned to another date after furnishing the documents sought for in Ext.P13. Respondent Corporation thereafter – issued Ext.P14 hearing notice. Finally issued Ext.P15 order cancelling the trade licence issued to the petitioner.
3.
The learned standing counsel for the respondent –
WP(C) NO. 6318 OF 2023 3 Corporation would submit that the documents which has been requested by the petitioner in Ext.P13 was given to the petitioner subsequent to the filing of the writ petition.
The third respondent has filed a detailed counter affidavit mainly contending that sufficient opportunity was granted to the petitioner, but he purposefully did not avail the opportunity and his present attempt is only to protract the proceedings.
4.
After considering the contentions on both sides,I am of the opinion that, since Ext.P15 has been issued before furnishing the documents sought for in Ext.P13 request, the above writ petition could be disposed of setting aside Ext P15 order with a consequential direction to the second respondent to hear the petitioner as well as the representatives of the third respondent and take a final decision in the matter. To facilitate an early disposal of the matter, the petitioner as well as the third respondent shall be present before the second respondent on 10.04.2023 at 11 am and a final decision shall be taken in the matter by the second respondent, within a further period of one week
WP(C) NO. 6318 OF 2023 4 thereafter.
With the above said directions, the writ petition is disposed of.
Sd/- VIJU ABRAHAM, JUDGE R.AV
WP(C) NO. 6318 OF 2023 5 APPENDIX OF WP(C) 6318/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE APPLICATION DATED 14.09.2022 SUBMITTED BEFORE THE 1ST RESPONDENT FOR GRANTING LICENSE Exhibit P2 THE TRUE PHOTOCOPY OF THE LICENSE NO.
513/HIU7/2022-23 VALID UP TO 31.03.2023 Exhibit P3 THE TRUE PHOTOCOPY OF THE ELECTRICITY BILL NO.1155407011077 DATED 05.01.2023 Exhibit P4 THE TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT RECEIVING PAYMENT OF RS. 19,293/- Exhibit P5 THE TEST CERTIFICATE FOR INSTALLING WATER METER DATED 23.01.2023 Exhibit P6 THE PAYMENT RECEIPT OF RS. 15,597.90 FOR WATER CONNECTION THROUGH ICICI BANK DATED 23.01.2023 Exhibit P7 THE TRUE PHOTOCOPY OF THE LICENSE GRANTED IN FORM - B FROM THE OFFICE OF THE COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN Exhibit P8 THE TRUE PHOTOCOPY OF THE GST REGISTRATION CERTIFICATE ISSUED FROM THE GOVERNMENT OF INDIA Exhibit P9 THE TRUE PHOTOCOPY OF THE LICENSE GRANTED BY THE CENTRAL BOARD OF EXCISE AND CUSTOMS, MINISTRY OF FINANCE - DEPARTMENT OF REVENUE Exhibit P10 THE TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED 14.12.2022 ISSUED BY THE REVENUE OFFICER, KOCHI CORPORATION TO THE PETITIONER Exhibit P11 THE TRUE PHOTOCOPY OF THE REQUEST LETTER DATED 25.01.2023 Exhibit P12 THE TRUE PHOTOCOPY OF THE NOTICE DATED 08.02.2023 Exhibit P13 THE TRUE PHOTOCOPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 15.02.2023 Exhibit P14 THE TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE KOCHI CORPORATION DATED 17.02.2023 Exhibit P15 THE TRUE PHOTOCOPY OF THE ORDER NO.
M.O.H.22/43318/2022 DATED 20.02.2023
WP(C) NO. 6318 OF 2023 6 RESPONDENT EXHIBITS Exhibit R3 (a) The true copy of the Building Permit dated 21-05-2005 Exhibit R3(b) The true copy of the Occupancy Certificate issued by the 1st respondent on 20-04-2006 Exhibit R3(c) True copy of the Sale deed No 4859 Exhibit R3(d) The true copy of the complaint given by the secretary of the resident association to SHO Town police station dated 22/11/2022 Exhibit R3(e) The copy of the Receipt given by Ernakulum South Police station on 22/11/2022 Exhibit R3(f) The true copy of the complaint given by other residents in the flat before the SHO dated 30-11-2022 Exhibit R3(g) The copy of the Receipt given by Ernakulum South Police station on 30/11/2022 Exhibit R3(h) True copy of the show cause notice dated 27-12-2022 Exhibit R3(i) True copy of the replay to the Kerala Water Authority dated 04-01-2023 Exhibit R3(j) True copy of the hearing note dated 06- 02-2023