New Falco Centre vs. The Kanhangad Municipality - Kerala High Court, 02 March 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939 WP(C).No. 7098 of 2018 PETITIONER(S)/PETITIONER NEW FALCO CENTRE FALCO TOWER, MAIN ROAD, KANHANGAD-671531, REPRESENTED BY ITS MANAGING PARTNER, SHIBIN K.C. BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH SRI.PRAJITH RATNAKARAN RESPONDENT(S)/RESPONDENTS: 1. THE KANHANGAD MUNICIPALITY KANHANGAD-671323, REPRESENTED BY ITS SECRETARY. 2. PUZHAKKARA ILLATH MOHAMMEDKUNHI, S/O.KUNHAMMED, BALLA VILLAGE, P.O.KANHANGAD, KASARAGOD-671323. R BY SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7098 of 2018 (J) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 16/12/2017 EXHIBIT P2 TRUE COPY OF THE CONSENT LETTER. EXHIBIT P3 TRUE COPY OF THE LICENSE DATED 19/12/2017 FOR THE LICENSE DATED 19/12/2017 FOR THE PERIOD 2017-18 EXHIBIT P4 TRUE COPY OF THE GST REGISTRATION CERTIFICATE EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19/2/2018 EXHIBIT P6 TRUE COPY OF THE REPLY DATED 28/2/2018 EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENSE. // TRUE COPY // PA to JUDGE das A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 7098 of 2018(J) ===================================================== Dated this the 2nd day of March, 2018

JUDGMENT The petitioner has been served with Ext.P5 notice by the respondent Municipality proposing a cancellation of his license. It is the case of the petitioner that on receipt of Ext.P5 notice he has submitted Ext.P6 reply before the respondent Municipality. The apprehension of the petitioner is that they would resort to coercive action by cancelling the license even before considering Ext.P6 reply.

I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions: (i) The 1st respondent Municipality shall consider Ext.P6 reply submitted by the petitioner to Ext.P5 notice, and pass orders in the matter, after hearing the petitioner,

-2- W.P.(C). No. 7098 of 2018(J) within a period of three weeks from the date of receipt of a copy of this judgment. (ii) It is made clear that, till such time as orders are passed by the 1st respondent Municipality, after hearing the petitioner, coercive steps pursuant to Ext.P5 notice shall not be pursued against the petitioner. (iii) The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 1st respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE das/02.03.2018