Lena Gold And Diamonds Jewellers vs. The Kottayam Municipality
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUE AY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943 WP(C) NO. 3209 OF 2022 PETITIONER: LENA GOLD AND DIAMONDS JEWELLERS THANIKKAL BUILDING, GANDHI SQUARE, MUTTAMBALAM, KOTTAYAM, KERALA PIN-686002 REPRESENTED BY ITS MANAGING DIRECTOR, LENJU K JAMES, SON OF JAMES KOLATH, AGED 40 YEARS, KOLATH HOUSE, NEELAMPEROOR P.O., PIN-686534, ALAPPUZHA DISTRICT, PIN - 686534 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE KOTTAYAM MUNICIPALITY MUNICIPAL BUILDING, KOTTAYAM, PIN- 686001 REPRESENTED BY ITS SECRETARY, PIN - 686001 2 THE SECRETARY KOTTAYAM MUNICIPALITY, MUNICIPAL BUILDING, KOTTAYAM, PIN - 686001 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3209 OF 2022 2 JUDGMENT This writ petition is filed seeking the following reliefs:- “I) To Issue a writ of mandamus or any other appropriate writ, direction or order directing the second respondent not to close down the business concern of petitioner in Door No.9/856 and 9/856-A (New No.XIII/1954 and XIII/1953) of Kottayam Municipality which is situated in Sy No.12, Thanikkal Building, Gandhi Square, Muttambalam, Kottayam, Kerala Pin-686 002 which is a registered business concern under Micro, Small and Medium Enterprises Facilitation Act 2019 on the ground that petitioner not obtained license and alleged structural alteration of the building.
Issue a writ of certiorari or any other appropriate writ, direction or order by calling for the records leading to the issuance of exhibit P5 communication and set aside the same as illegal.”
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
It is submitted by the learned counsel for the petitioner that the petitioner has a Micro, Small and Medium Enterprises (for short, MSME) registration with regard to the business in question and that the petitioner does not require licence from the Municipality for conducting the activity for which registration has been obtained. It is
WP(C) NO. 3209 OF 2022 3 contended that the petitioner's application for trade licence had been rejected by Ext.P5. The learned counsel for the petitioner submits that the respondents are threatening to close down the establishment of the petitioner on the ground of unauthorised construction in the building in which he is conducting the business, without notice.
The learned standing counsel appearing for the Municipality submits that Ext.P5 is dated 15.9.2021 and the petitioner had been specifically informed in Ext.P5 that there was unauthorised construction in the building in question. The petitioner has been required to submit objection, if any, within seven days. It is submitted that absolutely no objections of whatever nature was submitted by the petitioner and that the contentions raised by the petitioner with regard to the trade licence have also not been taken up before the Municipality. Having considered the contentions advanced, I am of the opinion that it is for the petitioner to submit its objections, if any, to Ext.P5. In case the petitioner submits such objections pointing out its contentions with regard to the action proposed in Ext.P5, the same will be considered in accordance with law. The petitioner shall also
WP(C) NO. 3209 OF 2022 4 produce the acknowledgement receipt from the Nodal Agency under the MSME Act which also shall be duly considered by the 2nd respondent in accordance law. Appropriate action shall be taken after hearing the petitioner and any complainant in the matter within a period of three weeks from the date of receipt of a copy of the judgment. Till such time, the coercive action shall not be taken against the petitioner. This writ petition is ordered accordingly. ANU SIVARAMAN JUDGE ska
WP(C) NO. 3209 OF 2022 5 APPENDIX OF WP(C) 3209/2022 PETITIONER EXHIBITS Exhibit- P1OF THE REGISTRATION CERTIFICATE DATED 18.12.2020 OF THE PETITIONER UNDER MSME ACT Exhibit- P2OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 18.11.2021 ISSUED UNDER THE PROVISIONS OF KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION RULE Exhibit- P3OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ISSUED BY THE GOVERNMENT OF INDIA UNDER DEPARTMENT OF GOODS AND SERVICE TAX (GST) DATED 23.12.2021 Exhibit- P4OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 14.7.2021 BEFORE THE SECOND RESPONDENT Exhibit- P5OF THE COMMUNICATION DATED 15.9.2021 ISSUED BY THE HEALTH SUPERVISOR, KOTTAYAM MUNICIPALITY Exhibit- P6OF THE LATEST TAX RECEIPT IN CONNECTION WITH THE SHOP ROOM OF PETITIONER DATED 14.7.2021 Exhibit- P7OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14.12.2020 IN W.P.C NO. 20127 OF 2020
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.