V.K.Shaji vs. Thrikkakara Municipality - Kerala High Court, 16 February 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 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939 WP(C).No. 3216 of 2018 ----------------------- PETITIONER ----------- V.K.SHAJI, AGED 48 YEARS, S/O KURIAKOSE, PROPRIETOR GLOBAL BUSINESS SERVICES, DOOR NO.3/155AB, 1, V.K VELAYUDHAN TOWER, CHEMBUMUKKU, KAKKANAD, ERNAKULAM DISTRICT-682030. BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SMT.JINU ANTONY SRI.V.R.SANJEEV KUMAR RESPONDENT: ----------- THRIKKAKARA MUNICIPALITY, KAKKANAD-682030, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.S.JAMAL, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V. WP(C).No. 3216 of 2018 (B) ------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 01.11.2017 EXECUTED BY THE PETITIONER WITH THE LAND OWNER OF THE BUILDING. EXHIBIT P2 TRUE COPY OF THE PROJECT OF LAUNDRY ESTIMATE ISSUED BY M/S WELCO GARMENT MACHINERY PVT. LTD ON 09.10.2017. EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR ISSUANCE OF LICENSE FOR THE FUNCTIONING OF THE LAUNDRY DATED 16.11.2017 BEFORE THE RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 16.11.2017 ISSUED BY THE 1ST RESPONDENT EVIDENCING THE RECEIPT OF EXHIBIT P3. EXHIBIT P5 TRUE COPY OF THE CHALLAN EVIDENCING THE PAYMENT OF THE REQUIRED FEES OF RS.19,229/- FOR ISSUANCE OF NOC ON 06.05.2014 TO THE STATION OFFICER FIRE AND RESCUE STATION, CLUB ROAD, ERNAKULAM. EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER ISSUED BY THE LAND OWNER OF THE BUILDING MENTIONED IN EXHIBIT P1 TO THE RESPONDENT. EXHIBIT P7 TRUE COPY OF THE CONSENT TO ESTABLISH THE LAUNDRY UNIT TO THE PETITIONER ON 04.12.2017 BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM IN THE NAME OF THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE REQUEST DATED 28.12.2017 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR SPEEDY CONSIDERATION OF THE REQUEST. EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 29.12.2017 EVIDENCING RECEIPT OF EXHIBIT P8 EXHIBIT P10 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 21.09.2017 ISSUED IN THE NAME OF THE PETITIONER. EXHIBIT P11 TRUE COPY OF THE UDYOG AADHAR REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MIRCO SMALL AND MEDIUM ENTERPRISES GOVERNMENT OF INDIA DATED 12.8.2017 ISSUED IN THE NAME OF THE PETITIONER. EXHIBIT P12 TRUE COPY OF THE ILLUSTRATIVE LIST OF SMALL SCALE SERVICE AND BUSINESS (INDUSTRY RELATED) ENTERPRISES (SSBES) AS ON 01.01.2001. /TRUE COPY/ K.V. P.S.TO JUDGE A.K. JAYASANKARAN NAMBIAR, J. ============================== W.P.(C).NO.3216 OF 2018 ============================== Dated this the 16th day of February, 2018

J U D G M E N T The petitioner has preferred an application for issuance of a Dangerous & Offensive license [D & O license] in connection with a laundry facility that he intends to put up in the premises coming under the territorial limits of the respondent Municipality. The application for licence is dated 16.11.2017, and the application was received by the respondent, as evidenced by Ext.P4 receipt. It is the specific case of the petitioner that, while no response was received from the respondent Municipality to the application within the period of 30 days by which the deeming provisions under Section 448 (5A) of the Kerala Municipalities Act, he is entitled to get the benefit of the judgment of this Court in Sudhakaran v. Pallichal Grama Panchayat reported in [2016 (2) KLT 175], and a deemed licence for continuing with his activities in the premises.

I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Municipality.

The learned Standing Counsel would submit, on instructions, that, by a communication dated 11.1.2018, the W.P.(C).NO.3216 OF 2018 : 2 : petitioner was informed that he would have to produce a certificate from the Structural Engineer and also an application for occupancy change as a pre-condition for considering his application for D & O licence for the particular activity, for which, the application was filed. It is not in dispute, however, that during the period of 30 days mentioned in Section 448 (5A) of the Kerala Municipalities Act, there was no communication from the Municipality to the petitioner on the licence application. Under the said circumstances, I am of the view that the petitioner would be entitled to the benefit of the judgment of this Court in Sudhakaran v. Pallichal Grama Panchayat reported in [2016 (2) KLT 175]. The writ petition is therefore disposed, by directing the respondent Municipality to issue a certificate stating that the petitioner has obtained the benefit of a deemed licence pursuant to Ext.P3 application submitted by him for the laundry business. The said certificate shall be issued to the petitioner, within a week from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear that the granting of the certificate will not stand in the way of the respondent Municipality initiating any action against the petitioner in the event of any violation of the condition for the licence, in accordance with law. A.K.JAYASANKARAN NAMBIAR JUDGE Bb/17/2/2018 [] P.A to Judge