High Court of KeralaWP(C)/25348/2015disposed of

Subair. M v. The Secretary

2015-08-31Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 WP(C).No. 25348 of 2015 (P) ---------------------------- PETITIONER(S):

----------------- SUBAIR. M., S/O.ABDUL KHADER MUNIYANCODE HOUSE, CHITHARI, CHAMUNDIKUNNU AJANOOR, KASARGOD DT.

BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENT(S):

------------------

1. THE SECRETARY KANHANGAD MUNICIPALITY, KANHANGAD KASARGOD DISTRICT - 671 315

2. THE KANHANGAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, KANHANGAD KASARGOD-671315 R BY SRI.T.K.VIPINDAS, SC FOR KANHANGAD MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25348 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 - TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 29.11.2011 P2 - TRUE COPY OF THE THE BUILDING PERMIT DATED 15.7.2013 ISSUED BY KANHANGAD MUNICIPALITY.

P3 - TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT. P4 - TRUE COPY OF THE CERTIFICATE OF REGISTRATION. P5 - TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 25.6.2015 ISSUED BY KANHANGAD MUNICIPALITY P6 - TRUE COPY OF THE INAUGURATION NOTICE P7 - TRUE COPY OF THE NOTICE DATED 12.8.2015 ISSUED BY THE RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL.

----------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.25348 of 2015 --------------------- Dated this the 31st day of August, 2015

J U D G M E N T

Ext.P7 notice rejecting an application for grant of licence is impugned. An appeal lies against Ext.P7 notice under Section 509 of the Kerala Municipality Act, 1984.

2. Any appeal filed within two weeks from today shall be dealt with by the Municipal Council within one month therefrom. The petitioner is in the meanwhile permitted to continue his business in the ground and first floor.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.