Rajesh A vs. Cherpulassery Municipality
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNE AY, THE 22ND DAY OF SEPTEMBER 2021/31ST BHADRA, 1943 WP(C) NO. 14644 OF 2021 PETITIONERS: 1 RAJESH A., AGED 42 YEARS, S/O. ARUMUGHAN, RATHNA NIVAS, MELEKKARA STREET, VADAKKANTHARA, PALAKKADD-678 012. 2 NAZIYA, AGED 37 YEARS, W/O SHAJAHAN, KARIKKUMPURATH, PARAL P.O., THOOTHA, MALAPPURAM DISTRICT-670 671. BY ADVS. V.MADHUSUDHANAN VIMAL KUMAR.A.V. RESPONDENTS: 1 CHERPULASSERY MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD-679 503. 2 THE SECRETARY, CHERPULASSERY MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD-679 503. BY ADV.SMT. SHAMEENA SALAHUDHEEN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.14644/2021 2 JUDGMENT Dated this the 22nd day of September, 2021 The 1st petitioner proposed to start a Profiling Unit in a building constructed in Cherpulassery Municipality. The 1st petitioner submitted Ext.P5 application for Trade Licence. The application submitted by the 1st petitioner has been rejected as per Ext.P6 order on the ground that the construction of the building is unauthorised.
The learned counsel for the petitioners submitted that in WP(C)No.11462/2021 filed by the 2nd petitioner herein, this Court has delivered a judgment directing the Revenue Divisional Officer to consider the application for change of nature of land in the revenue records, in respect of the land where the building is situated. The 2nd petitioner has been permitted to approach the Municipal Authorities for regularisation of building after
WP(C)No.14644/2021 3 obtaining orders in Form-6 application submitted by the 2nd petitioner. The 1st petitioner may be granted liberty to approach the Municipal Authorities again for getting Trade Licence, once the construction of the building is regularised in accordance with law.
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents 1 and 2. In view of the judgment delivered by this Court today in WP(C)No.11462/2021, this writ petition is closed granting liberty to the petitioners to approach the Municipal Authorities again for obtaining Trade Licence once the construction of building where the business is proposed, is regularised. N. NAGARESH JUDGE ncd/22.09.2021
WP(C)No.14644/2021 4 APPENDIX OF WP(C) 14644/2021 PETITIONERS' EXHIBITS Exhibit P1 COPY
OF CERTIFICATE
OF REGISTRATION
DATED
2021 ISSUED BY GOVERNMENT OF INDIA. Exhibit P2 COPY
OF GST
REGISTRATION CERTIFICATE DATED 4.3.2021 ISSUED BY GOVERNMENT OF INDIA Exhibit P3 COPY OF RENT AGREEMENT DATED 26.1.2020 ENTERED INTO BETWEEN THE PETITIONER Exhibit P4(a) COPY OF CONSENT LETTER DATED 17.2.2021 ISSUED BY THE ADJACENT PROPERTY OWNER Exhibit P4(b) COPY OF CONSENT LETTERS DATED 17.2.2021 ISSUED BY THE ADJACENT PROPERTY OWNER Exhibit P5 COPY
OF APPLICATION
DATED 30.12.2020 SUBMITTED FOR ISSUING LICENSE Exhibit P6 COPY OF LETTER NO.H1/4157/21 DATED 29.6.2021 ISSUED BY 2ND RESPONDENT Exhibit P7 COPY OF OWNERSHIP CERTIFICATE DATED 17.2.20217 ISSUED BY 2NDD RESPONDENT Exhibit P8 COPY OF BUILDING TAX RECEIPT DATED 19.10.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P9 COPY OF PROPERTY TAX RECEIPT DATED 17.2.2.2021
ISSUED
BY 2ND RESPONDENT Exhibit P10(a) COPY OF LICENSES ISSUED FOR THE PERIOD 2016-17 TO THE HUSBAND OF THE 2ND PETITIONER Exhibit P10(b) COPY OF LICENSE ISSUED FOR THE PERIOD 2017-18 TO THE HUSBAND OF THE 2ND PETITIONER Exhibit P10(c) COPY OF LICENSE ISSUED FOR THE
WP(C)No.14644/2021 5 PERIOD 2019-20 TO THE HUSBAND OF THE 2ND PETITIONER Exhibit P10(d) COPY OF LICENSE ISSUED FOR THE PERIOD 2020-21 TO THE HUSBAND OF THE 2ND PETITIONER Exhibit P11 COPY OF THE ORDER R1/9219/20 DATED 22.4.21 ISSUED BY THE 2ND RESPONDENT
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.