High Court of KeralaWP(C)/32174/2015disposed of

Saju K. v. Eloor Municipality

2015-12-015 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 32174 of 2015 (V) ---------------------------- PETITIONER :

------------------ SAJU K., AGED 30 YEARS,S/O. KUTTAPPAN, T.G BHAVAN, MALAPPANAMCODE P.O., THIRUVANANTHAPURAM NOW RESIDING AT MANAKKAPPADI VEEDU, PULIYANAM P.O., ANKAMALI, ERNAKULAM BY ADV. SRI.J.JAYAKUMAR RESPONDENTS :

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

1. ELOOR MUNICIPALITY ELOOR, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY PIN 682 306

2. THE SECRETARY ELOOR MUNICIPALITY, ELOOR ERNAKULAM DISTRICT PIN 682 306 R1&2 BY ADV. SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH SMT.LEKSHMI RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32174 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE SAID APPEAL NO 4649/2015 DATED 11/5/2005 FILED BY THE PETITIONER BEFORE THE COUNCIL OF THE 1ST RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE UNDERTAKING DATED 15/5/2015 EXECUTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE APPEAL DATED 19/5/2015 FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT P4:

TRUE COPY OF THE ORDER DATED 19/5/2015 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXHIBIT P5:

TRUE COPY OF THE JUDGMENT DATED 17/8/2015 IN WP(C) NO 23480/2015 OF THIS HON'BLE COURT EXHIBIT P6:

TRUE COPY OF THE RECEIPT DATED 10/09/2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7:

COPY OF THE NOTICE DT 4/5/011 ISSUED BY THE R2. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

K.HARILAL, J.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W.P.(C) No.32174 of 2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 1st day of December, 2015.

JUDGMENT

The petitioner is conducting a motor workshop from 2012 onwards at the property of one Noorudheen and subsequently it was shifted to the property of one Aboobacker on the basis of a licence issued by the 2nd respondent. Thereafter, the petitioner applied for a new licence before the 2nd respondent and the 2nd respondent rejected that application on the ground that some complaints are existing against his workshop and there is no building or other equipments to conduct his workshop as required under law. Aggrieved by the order rejecting the application for licence, the petitioner filed Ext.P1 appeal before the Municipal Council and the Municipal Council also upheld the order rejecting the application for building permit passed by the Secretary, by Ext.R1(2). During the pendency of the above appeal, the 2nd

WP(C).32174/15 :2: respondent seized the petitioner's workshop on 12.5.2015 and issued notice under Section 447 of the Kerala Municipalities Act and locked by the Municipality in execution of the order passed by the Municipality. Now, the limited relief sought for in this writ petition is to direct the 2nd respondent to allow the petitioner to take away the tools and articles which are kept in the said workshop.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

3. The facts are not disputed and it stands admitted that the Municipality has locked the petitioner's workshop in exercise of power under Section 449 of the Municipalities Act. So also, there is no claim under Section 474 of the aforesaid Act against the petitioner for realisation of the fee leviable under Section 472(1) of the Municipalities Act and the seizure was effected under Section 532 of the Municipalities Act only. In that circumstance, I am of the opinion that in so far as the Municipality has no claim over the property seized, the same can be released to the

WP(C).32174/15 :3: petitioner under the supervision of the Municipality.

4. In the above view of the matter, the petitioner is allowed to take away the tools and articles kept in the workshop under the supervision of the Municipality. The petitioner shall intimate the Municipality as regards the date and time for taking away the materials from the workshop and, in that event, the Municipality shall allow the petitioner to take his articles and tools from the workshop, under their supervision. This permission is granted to take away the tools and articles from the workshop only. This writ petition is disposed of accordingly. K. HARILAL, JUDGE okb.