IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 8602 of 2011(A) --------------------------------------- PETITIONER(S): ------------------------ 1. K.S.R.ALANKAR HOTELS & RESORTS PVT.LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 WITH ITS OFFICE AT DOOR NO.30/1183, 30/1184, 30/1185, KANIYAMPUZHA ROAD, VYTTILA,KOCHI-682 019. 2. SMT.LALITHA RAMAKRISHNAN, W/O.LATE RAMAKRISHNAN, AGED 64, KOLLARA HOUSE, ANITHA BHAVAN, KARIKKAMURI, KOCHI-11. 3. K.R.ROSHY, S/O.LATE RAMAKRISHNAN, AGED 44, KOLLARA HOUSE,ANITHA BHAVAN, KARIKKAMURI, KOCHI-11. BY SRI.S.SREEKUMAR, SENIOR ADVOCATE BY ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S): ------------------------ 1. THE ANGAMALY MUNICIPALITY, REP.BY SECRETARY, ANGAMALY-683 572. 2. THE SECRETARY, ANGAMALY MUNICIPALITY, ANGAMALY-683 572. *ADDL. R3 IMPLEADED. 3. THE COMMANDANT GENERAL, FIRE AND RESCUE SERVICES. *ADDL. R3 IS SUO MOTO IMPLEADED AS PER ORDER DTD. 4.4.11 IN WPC. 8602/2011. R1 & R2 BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE R1 & R2 BY ADVS.SRI.R.S.SARAT ADDL.R3 BY ADVS. SRI.P.V.SURENDRANATH, SMT.BINDUMOL JOSEPH, SRI.B.S.SYAMANTHAK. SRI.ARUN CHANDRAN,ADV.COMMR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.8602/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RECEIPT OF PAYMENT OF PROPERTY TAX TO THE IST RESPONDENT. P2:- COPY OF THE LICENCE ISSUED TO 3RD PETITIONER FOR CONDUCTING BAR AND RESTAURANT BY 2ND RESPONDENT. P3:- COPY OF THE LICENCE ISSUED TO 3RD PETITIONER FOR CONDUCTING LODGE IN DOOR NO.XX/528 BY 2ND RESPONDENT. P4:- COPY OF THE BUILDING PERMIT DT. 18.2.95. P5:- COPY OF THE APPROVED COMPLETION PLAN. P6:- COPY OF THE APPROVED COMPLETION PLAN. P7:- COPY OF THE APPROVED COMPLETION PLAN. P8:- COPY OF THE LETTER DT. 25.8.2001 ISSUED BY 2ND RESPONDENT. P9:- COPY OF THE BUILDING PERMIT BA 419/05-06 DTD. 27.5.2008. P10:- COPY OF THE APLCIATION FOR COMPLETION CERTIFICATE SUBMTITED BY PETITONERS. P11:- COPY OF THE NO OBJECTION CERTIFICTE DTD. 8.2.2010 . P12:- COPY OF THE JUDGMENT IN WPC. 27952/2010 DTD. 21.10.2010. P13:- COPY OF THE DEMAND NOTICE DTD. 31.3.2010 ISSUED BY IST RESPONDENT. P14:- COPY OF THE ORDER DTD. 3.6.2010 OF THIS HONOURABLE COURT. P15:- COPY OF THE ORDER DTD. 2.11.2010 OF THIS HONOURABLE COURT. P16:- COPY OF THE OCCUPANCY CETIFICATE DT.D 22.2.2011. P17:- COPY OF THE ORDER DTD. 7.2.2011 ISSUED BY 2ND RESPONDENT. P18:- COPY OF THE LETTER DT.D 22.2.2011 ISSUED BY 2ND RESPONDENT. P19:- COPY OF THE ORDER DTD. 11.3.2011 OF 2ND RESPONDENT. P20:- COPY OF THE APPROVED PLAN. P20(a):- COPY OF THE APPROVED PLAN P20(b):- COPY OF THE APPROVED PLAN. P20(c):- COPY OF THE APPROVED PLAN. P20(d):- COPY OF THE APPROVED PLAN. tss W.P.(C) NO.8602/2011 P20(e):- COPY OF THE APPROVED PLAN. P21:- COPY OF THE APPLICATION DTD. 6.11.2009 SUBMITTED BY THE PETITIONERS. P22:- COPY OF THE ORDER DTD. 8.2.2010 ISSUED BY THE 2ND RESPONDENT. P23:- COPY OF THE CERTIFICATE DTD. 16.4.2008 ISSUED BY THE FIRE & RESCUE SERVICES. P24:- COPY OF THE PLAN PREPARED BY THE FIRE CONSULTANT AND APPROVED BY FIRE & RESCUE SERVICES. P25:- COPY OF THE JUDGMENT IN WP.(C) 7738/2011 DTD. 11.3.2011. P26:- COPY OF THE ORDER IN IA.243/2011 DTD. 8.3.2011 ISSUED BY THE LOCAL SELF GOVERNMENT TRIBUNAL, TRIVANDRUM. P27:- COPY OF THE LETTER DTD. 15.2.2008 SUBMITTED BYU 3RD PETITIONER TO THE 3RD RESPONDENT. P28:- COPY OF THE FINAL NO. OBJECTION CERTIFICATE. P29:- COPY OF THE LETTER DTD. 2.2.2010 ISSUED BY THE DIVISIONAL OFFICER, FIRE & RESCUE SERVCIES, ERNAKULAM. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE LETTER NO.R4-4354/2011 DTD. 22.3.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. R2(b):- COPY OF THE LETTER NO.R4-4708/2011 DTD. 23.3.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. R2(c):- COPY OF THE RELEVANT EXTRACT OF THE DISTRIBUION REGISTER (VIDE PARAGRAPH 15, MANNUAL OF OFFICE PROCEDURE) WITH THE MUNICIPALITY. R2(d):- COPY OF THE LETTER NO.R4/4708 /2011 DTD. 23.3.2011 ISSUED BY MUNICIPALITY TO THE PETITIONER. A1:- PHOTOGRAPHS OF THE DIFFERENT FLOORS. AII:- COPY OF THE WORK ORDER SUBMITTED BY THE SECOND RESPONDENT. AIII:- REPORT OF THE EXPERT ENGINEER MR.K.P.ALEXANDER TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8602 OF 2011 --------------------------------------- Dated this the 8th day of November, 2011. J U D G M E N T This writ petition is filed by the petitioners aggrieved by Ext.P19 order passed by the Secretary of the Municipality. The said proceedings show that it was issued on an application for licence under Section 447 of the Kerala Municipalities Act 1994. The application was for permission to conduct a bar and restaurant. 2. Ext.P19 shows that the application is rejected with an observation that the party is always at the liberty to apply for licence in building No.20/529A by clearing all tax and other liabilities to Angamaly Municipality or to apply for regularization of building No.20/529B and on regularization of the building, payment of dues to the Municipality. 3. Heard the learned Senior Counsel for the petitioners Sri.S.Sreekumar and the learned Standing Counsel Sri.R.S.Sarat. Learned Senior Counsel for the petitioners invited my attention to W.P.(C) No.8602/2011 2 the documents produced along with the reply affidavit namely, Exts.P20 to P26. The stand taken is that the said documents will support the case of the petitioners for grant of licence. 4. I am not going into the merits of the matter since it is submitted that the only relief the petitioners require at this stage is for reconsideration of the application, after considering Exts.P20 to P26 and any other materials the petitioners wish to place before the Secretary. In that view of the matter, Ext.P19 is set aside. The Secretary will reconsider the matter as it is stated that the petitioners have already made available the originals of Exts.P20 to P26 before the Municipality. Appropriate decision will be taken expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp