M.R.Binith vs. The Muncipal Council, Kottayam Muncipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 11TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 WP(C) NO. 13139 OF 2021 PETITIONER: M.R.BINITH, AGED 44 YEARS, S/O.P.G.RADHAKRISHNAN, MANAGING PARTNER, M/S. RAJADHANI HOTEL, WARD NO.17, BUILDING NO.645, THIRUNAKKARA MUNICIPAL SHOPPING COMPLEX, RESIDING AT 'MATHRUSMRUTHI', UNION CLUB ROAD, KOTTAYAM-686 001. BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN FRANKLIN ARACKAL PAUL C THOMAS M.B.SOORI BABU M. NIDHIN RAJ VETTIKKADAN HAARIS MOOSA NIKHITA ANN REBELLO ADESH JOSHI RESPONDENTS: 1 THE MUNCIPAL COUNCIL, KOTTAYAM MUNCIPALITY, OFFICE OF THE KOTTAYAM MUNICIPALITY, KOTTAYAM-686 001. 2 THE SECRETARY, KOTTAYAM MUNICIPALITY, OFFICE OF THE KOTTAYAM MUNICIPALITY, KOTTAYAM-686 001. BY ADV SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 13139 OF 2021 2 T.R. RAVI, J. -------------------------------------------- W. P. (C). No. 13139 of 2021 -------------------------------------------- Dated this the 11th day of February, 2022 JUDGMENT When the case was taken up today, the learned counsel for the petitioner submitted that the directions in the interim order dated 20.12.2021 have already been complied with and all that remains is for the 1st respondent to consider Ext.P39 along with Ext.P49 reply and pass orders as directed in the orders dated 08.09.2021 and 20.12.2021. The writ petition is hence closed making the above orders absolute and directing respondents 1 & 2 to pass necessary orders, after hearing the parties, within two moths from the date of receipt of a copy of this judgment. T.R.RAVI JUDGE Pn

WP(C) NO. 13139 OF 2021 3 APPENDIX OF WP(C) 13139/2021 PETITIONER'S EXHIBITS Exhibit P1 AOF THE DECISION NO.41 DATED 28.04.2017 OF THE KOTTAYAM MUNICIPAL COUNCIL. Exhibit P2 AOF THE DECISION NO.34 DATED 19.03.2018 OF THE KOTTAYAM MUNICIPAL COUNCIL. Exhibit P3 AOF THE NOTICE DATED 19.06.2018 ISSUED BY THE EXECUTIVE ENGINEER OF THE KOTTAYAM MUNICIPALITY TO THE PETITIONER. Exhibit P4 AOF THE FINAL NOTICE DATED 29.11.2018 ISSUED TO THE PETITIONER BY THE KOTTAYAM MUNICIPALITY. Exhibit P5 AOF THE REPLY DATED 18.12.2018 SUBMITTED BY THE PETITIONER TO THE EXECUTIVE ENGINEER, KOTTAYAM MUNICIPALITY. Exhibit P6 AOF THE COMMUNICATION ISSUED BY THE EXECUTIVE ENGINEER OF THE RESPONDENT MUNICIPALITY DATED 07.02.2019. Exhibit P7 AOF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 03.12.2020 TO THE PETITIONER. Exhibit P8 AOF THE COMPLETION CERTIFICATE DATED 25.01.2021. Exhibit P9 AOF THE REQUEST SUBMITTED BY THE PETITIONER DATED 25.01.2021 ALONG WITH THE COMPLETION CERTIFICATE.

WP(C) NO. 13139 OF 2021 4 Exhibit P10 AOF THE PLAN SUBMITTED ALONG WITH THE COMPLETION CERTIFICATE. Exhibit P11 AOF THE RECEIPT SHOWING THE ACCEPTANCE OF COMPLETION CERTIFICATE DATED 25.01.2021 ISSUED BY THE MUNICIPALITY. Exhibit P12 TRUE PHOTOGRAPH OF THE NATURE RENOVATION OF HOTEL RAJADHANI. Exhibit P13 AOF THE RENT RECEIPT DATED 13.10.2020 FOR AN AMOUNT OF RS.404339.00 ISSUED BY THE KOTTAYAM MUNICIPALITY. Exhibit P14 AOF THE RENT RECEIPT ISSUED BY THE KOTTAYAM MUNICIPALITY DATED 22.04.2021 BY WHICH THE ARREARS OF RENT IS PAID BY THE PETITIONER. Exhibit P15 AOF THE RENT RECEIPT DATED 18.06.2021 ISSUED BY THE KOTTAYAM MUNICIPALITY FOR RS.97403.00 Exhibit P16 AOF THE DEED OF LICENCE DATED 03.11.2020 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT MUNICIPALITY. Exhibit P17 AOF THE LAST SUCH TRACE LICENCE ISSUED BY THE KOTTAYAM MUNICIPALITY FOR THE PERIOD FROM 01.04.2020 TO 31.03.2021. Exhibit P18 AOF THE APPLICATION FOR RENEWAL OF TRADE LICENCE FOR A PERIOD OF 5 YEARS DATED 22.02.2021. Exhibit P19 AOF THE TRADE LICENCE APPLICATION DATED 12.04.2021. Exhibit P20 AOF THE CERTIFICATE DATED 21.12.2020 ISSUED BY THE VILLAGE OFFICER, MUTTAMBALAM TO PRODUCE BEFORE THE

WP(C) NO. 13139 OF 2021 5 AUTHORITIES OF THE TOURISM DEPARTMENT DELHI. Exhibit P21 AOF THE SANITATION CERTIFICATE ISSUED BY THE HEALTH SECTION OF THE MUNICIPALITY DATED 22.02.2021. Exhibit P22 AOF THE SPECIAL PERMIT GRANTED BY THE DEPUTY EXCISE COMMISSION, KOTTAYAM FOR THE LICENSING YEAR 2021-22 DATED 03.06.2021. Exhibit P23 AOF THE CHELLAN SHOWING THE REMITTANCE OF EXCISE LICENCE FEE FOR RS.2,650,000/- Exhibit P24 AOF THE CHELLAN SHOWING THE REMITTANCE OF EXCISE LICENCE FEE FOR RS.625000/- Exhibit P25 AOF THE NOC DATED 03.05.2021 ISSUED BY THE STATION OFFICER, FIRE AND RESCUE STATION, KOTTAYAM. Exhibit P26 AOF THE CONSENT TO OPERATE GRANTED BY THE KERALA STATE POLLUTION CONTROL BOARD FOR VALIDITY UPTO 24.11.2025. Exhibit P27 AOF THE GST REGISTRATION CERTIFICATE OF THE HOTEL RAJADHANI DATED 30.03.2021. Exhibit P28 AOF THE DATABASE OBTAINED FROM WEBSITE OF TOURISM DEPARTMENT DATED 18.06.2021. Exhibit P29 AOF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 12.03.2021 REQUESTING TO GRANT OCCUPYING CERTIFICATE. Exhibit P30 AOF THE RECEIPT OF

WP(C) NO. 13139 OF 2021 6 REPRESENTATION ISSUED BY THE MUNICIPALITY DATED 12.03.2021. Exhibit P31 AOF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPALITY ON 24.05.2021. Exhibit P32 AOF THE REPRESENTATION DATED 12.04.2021 SUBMITTED BY THE PETITIONER TO EXTEND LEASE PERIOD FOR 5 YEARS. Exhibit P33 AOF THE LETTER DATED 25.06.2021 SUBMITTED BY THE PETITIONER TO THE SECRETARY KOTTAYAM MUNICIPALITY. Exhibit P34 AOF THE ACKNOWLEDGEMENT RECEIPT DATED 25.06.2021 ISSUED BY THE MUNICIPALITY. Exhibit P35 AOF THE RELEVANT PAGE OF THE GENERAL TERMS, CONDITIONS AND APPLICATION FORMAT FOR STAR CLASSIFICATION DOWNLOADED FROM THE WEBSITE WWW.TOURISM.GOV.IN Exhibit P36 AOF THE HEARING NOTICE DATED 20/7/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P37 AOF THE WRITTEN SUBMISSION MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27/7/2021 Exhibit P38 AOF THEE RECEIPT ACKNOWLEDGING THE WRITTEN SUBMISSION IS DATED 27/7/2021, ISSUED FROM THE MUNICIPALITY Exhibit P39 AOF THE NOTICE ISSUED BY THE EXECUTIVE ENGINEER OF THE MUNICIPALITY POINTING OUT CERTAIN DEFICIENCY DATED 10/8/2021 ISSUED TO THE PETITIONER

WP(C) NO. 13139 OF 2021 7 Exhibit P40 AOF THE PROCEEDINGS NO.PW2- R10/32358/18 DATED 10/8/2021 ISSUED BY THE 2ND RESPONDENT Exhibit P41 AOF THE SITE PLAN PREPARED BY THE LICENCED CIVIL ENGINEER AND SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT MUNICIPALITY Exhibit P42 AOF THE QUOTATION FOR BIO PLANT ISSUED BY POWETMECH DATED 11/1/2021 TO THE PETITIONER Exhibit P43 AOF THE TAX INVOICE GENERATED BY POWERMECH CONTROL & SAFETY DATED 21/1/2021 IN FAVOUR OF THE PETITIONER Exhibit P44 AOF THE E-MAIL COMMUNICATION FROM THE SUPPLIER DATED 16/3/2021 RECEIVED BY THE PETITIONER, SHOWING THE DETAILS OF PAYMENT Exhibit P45 AOF THE DOCUMENT SHOWING THE TECHNICAL SPECIFICATION OF THE BIO PLANT EXHIBIT P46 A PHOTOGRAPH SHOWING THE SHEET ROOFING TO THE COVER THE STP PLAINT Exhibit P47 A TRUE PHOTOGRAPH OF THE PARKING SPACE AVAILABLE IN THE MUNICIPAL SHOPPING COMPLEX Exhibit P48 A TRUE PHOTOGRAPH OF THE MUNICIPAL SHOPPING COMPLEX AND THE RENOVATED PORTION OF THE HOTEL RAJADHANI Exhibit P49 AOF THE REPLY LETTER DATED 17/8/2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P50 AOF THE RECEIPT ISSUED BY THE MUNICIPALITY ACKNOWLEDGING THE RECEIPT OF

WP(C) NO. 13139 OF 2021 8 EXT.P49 Exhibit P51 AOF THE TRADE LICENCE ISSUED BY THE MUNICIPALITY IN PHYSICAL FORM DATED 26/10/2021. Exhibit P52 AOF THE RECEIPT ISSUED BY THE MUNICIPALITY DATED 25/10/2021 TO THE PETITIONER. Exhibit P53 AOF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 30.11.2021 Exhibit P54 AOF THE RECEIPT ISSUED BY THE MUNCIPALITY DATED 1.12.2021 Exhibit P55 AOF THE PROCEEDINGS NO H2- 5384/2021 DATED 4.12.2021 Exhibit P56 AOF THE TRADE LICENCE ISSUED BY THE MUNCIPALITY DATED 9.12.2021