Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944 WP(C) NO. 17263 OF 2022 PETITIONER:
PRAVIN KUMAR B., AGED 44 YEARS S/O BALAKRISHNAN NAIR, MANAGING PARTNER, EMMA EXPORTS,INDUSTRIAL DEVELOPMENT AREA, KALAMASSERY PIN - 683104.
BY ADVS.
R.RENJITH M.T.SURESHKUMAR MANJUSHA K SREELAKSHMI SABU RESPONDENTS:
1 KALAMASSERY MUNICIPALITY, MUNICIPAL OFFICE, KALAMASSERY P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY PIN - 683104.
2 THE SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY P.O, ERNAKULAM DISTRICT. PIN - 683104 3 THE ASSISTANT ENGINEER, KALAMASSERY MUNICIPALITY, KALAMASSERY P.O., ERNAKULAM DISTRICT.
PIN - 683104.
4 THE DISTRICT INDUSTRIES CENTRE, KAKKANAD, ERNAKULAM, PIN - 682030 REPRESENTED BY ITS DIRECTOR BY ADVS.
SHRI.M.K.ABOOBACKER,SC KALAMASSERY MUNCIPALITY ADVOCATE GENERAL OFFICE KERALA SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.17263/2022 2 P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.17263 of 2022 ---------------------------------------------- Dated this the 05th day of August, 2022 JUDGMENT The learned counsel for the petitioner submitted that he may be permitted to withdraw this writ petition with liberty to file a review petition in Ext.P22 judgment.
Therefore, this writ petition is dismissed as withdrawn, with liberty to the petitioner to do the needful in accordance to law.
sd/- P.V.KUNHIKRISHNAN JV JUDGE
W.P.(C).No.17263/2022 3 APPENDIX OF WP(C) 17263/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE BROCHURE DETAILING THE PRODUCTS OF EMMA EXPORTERS.
Exhibit P2 TRUE PHOTOSTAT COPY OF THE HIRE PURCHASE AGREEMENT DATED 28.11.2005 ENTERED INTO BETWEEN THE GENERAL MANAGER OF DISTRICT INDUSTRIES CENTRE ERNAKULAM AND M/S EMMY AUGUSTUS AND BETTY THOMAS IN THE YEAR 2005 Exhibit P3 TRUE PHOTOSTAT COPY OF THE HIRE PURCHASE AGREEMENT DATED 7.7.2010 ENTERED INTO BETWEEN THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, ERNAKULAM AND THE PETITIONER AND M/S EMMY AUGUSTUS AND BETTY THOMAS.
Exhibit P4 TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED 21-10-2009 ISSUED BY THE GENERAL MANAGER DISTRICT INDUSTRIES CENTER, ERNAKULAM TO THE 2ND RESPONDENT Exhibit P5 TRUE PHOTOSTAT COPY OF THE BUILDING PERMIT NO. BA116/09 DATED 5.6.2009 ISSUED BY THE MUNICIPALITY IN FAVOR OF THE PETITIONER Exhibit P6 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO.A12/2660/05 DATED 21.11-2006 ISSUED BY THE GENERAL MANAGER, DIC, KAKKANAD Exhibit P7 TRUE PHOTOSTAT COPY OF THE LICENSE NO.
130191012100322 ISSUED BY THE MUNICIPALITY IN FAVOR OF THE PETITIONER ON 4-6-2021.
Exhibit P8 TRUE PHOTOSTAT COPY OF MSME REGISTRATION CERTIFICATE NO. UDYAM-KL- 020000456 DATED 18.9.2009 ISSUED BY THE CENTRAL GOVERNMENT IN FAVOR OF THE EMMA EXPORTERS.
Exhibit P9 TRUE PHOTOSTAT COPY OF THE TRADE MARK CERTIFICATE NO. 4695052 DATED
W.P.(C).No.17263/2022 4 9.10.2020 ISSUED IN FAVOUR OF THE EMMA EXPORTERS Exhibit P10 TRUE PHOTOSTAT COPY OF ISO CERTIFICATE NO. KDACQ202010036 DATED 12.10.2020 ISSUED IN FAVOUR OF THE EMMA EXPORTERS Exhibit P11 TRUE PHOTOSTAT COPY OF THE GST REGISTRATION CERTIFICATE NO. 32 AACFE9445P1Z1 ISSUED ON 16-7-2018 IN FAVOUR OF EMMA EXPORTERS Exhibit P12 TRUE PHOTOSTAT COPY OF THE BUILDING TAX RECEIPT NO15534 ISSUED IN FAVOUR OF THE PETITIONER ON 22-4-2021 BY THE RESPONDENT MUNICIPALITY Exhibit P13 TRUE PHOTOSTAT COPY OF THE NOTICE NO.
TP1-8882/21 DATED 23-6-2021 ISSUED BY THE 2ND RESPONDENT UNDER S. 406 (2) OF THE KERALA MUNICIPALITIES ACT Exhibit P14 TRUE PHOTOSTAT COPY OF THE ORDER NO.
TP8882/21 DATED 23-6-2021 ISSUED BY THE 2ND RESPONDENT Exhibit P15 TRUE COPY OF THE REPLY DATED 28.6.2021 SUBMITTED BY THE PETITIONER. BEFORE THE 2ND RESPONDENT.
Exhibit P16 TRUE PHOTOSTAT COPY OF THE NOTICE NO.
8882/2021 DATED 17-12-2021 B ISSUED BY THE 3RD RESPONDENT Exhibit P17 TRUE COPY OF THE REPLY DATED 20-12- 2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT .
Exhibit P18 PHOTOGRAPHS EVIDENCING THE CALLED "UNAUTHORIZED SO CONSTRUCTION" 48 CARRIED OUT BY THE PETITIONER.
Exhibit P19 PHOTOGRAPH EVIDENCING DISPLAY OF THE ITEMS MANUFACTURED BY THE PETITIONER.
Exhibit P20 PHOTOGRAPH EVIDENCING REAL UNAUTHORIZED CONSTRUCTION CARRIED OUT BY THE RESPONDENT MUNICIPALITY.
Exhibit P21 TRUE PHOTOSTAT COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT 51- 52 ON 23-12-2021 IN WPC NO. 30355 OF 2021 Exhibit P22 TRUE PHOTOSTAT COPY OF THE JUDGMENT
W.P.(C).No.17263/2022 5 PASSED BY THIS HON'BLE COURT ON 18-3- 2022 IN WPC NO. 30355 OF 2021 Exhibit P23 TRUE PHOTOSTAT COPY OF THE NOTICE NO.
TP-8882/2021 DATED 21-5-2022 ISSUED BY THE 3RD RESPONDENT Exhibit P24 TRUE PHOTOSTAT COPY OF THE LETTER DATED 25-5-2022 SUBMITTED ON BEHALF 6 OF THE PETITIONER Exhibit P25 TRUE COPY OF THE COVERING LETTER DATED 27/05/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P26 TRUE COPY OF THE COVERING LETTER DATED 27/05/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P27 TRUE COPY OF THE COMMUNICATION NO.
TP.8882/2021 DATED 30/05/2022 ISSUED BY THE 2ND RESPONDENT, WHICH WAS SERVED AT THE OFFICE OF THE PETITIONER AT 3.12 P.M ON 01/06/2022 RESPONDENT ANNEXURES annexure R4(a) TRUE COPY OF THE GOVERNMENT ORDER NO.
GO(RT)NO 591/941/ID DATED 05-07-1994 PETITIONER EXHIBITS Exhibit P28 TRUE PHOTOSTAT COPY OF THE GO(RT) NO.591/94/ID DATED 5/7/1994 Exhibit P29 TRUE PHOTOSTAT COPY OF THE ORDER NO.
17853/RAI/2013/LSGD DATED 11/6/2013 ISSUED BY THE SECRETARTY, DEPARTMEMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, KERALA Exhibit P30 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO.C3-15713/2015 DATED 25/5/2015 ISSUED BY THE DIRECTOR OF PANCHAYATHS TO ALL THE DEPUTY DIRECTORS Exhibit P31 TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED 30/11/2020 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOLLAM TO THE SECRETARY, CORPORATION OF KOLLAM