SASANKAN P Vs. KAYAMKULAM MUNICIPALITY

JUDGEMENT

(1.) That the Petitioner, is constrained to approach this Hon'ble Court to get the right accrued in his favour for Deemed Licence, declared on the basis of his application for D&O License submitted on 01/06/2020 under Rule 5(1) of the Kerala Municipality (Grant of License to Dangerous and Offensive Trades and Other Trades and Factories) Rules, 2011. In 2002, the Petitioner commenced the operation of 'Rainbow Marbles' a small scale Tiles, Granite and Marble shop within the jurisdiction of the 1 st respondent in Building No.XXXII/726. The 1st respondent Municipality issued license for conducting the said shop, which is being renewed every year. For stocking Tiles, Granite and Marble, Petitioner had taken on lease 60 cents of land from the 4th respondent, comprised in Survey No.193/20 of Krishnapuram Village and was lastly renewed in 2017 vide Ext.P4 Lease Deed. The Petitioner was under a bonafide belief that no separate License is required for stocking the said materials in the leased premises and that license for 'Rainbow Marbles' would suffice for the stocking purpose as well. During May 2018, the 4th respondent made attempts to forcibly evict the Petitioner from the leased premises. Hence, the Petitioner filed O.S No.153/2018 for Prohibitory Injunction against forcible eviction in which Ext.P5 Temporary Order of Injunction was passed against forcible eviction of the Petitioner from the leased premises, which is still in force. On the insistence from the part of the 4th Respondent, Respondents 1 to 3 initiated steps to prevent the Petitioner from using the leased premises for stocking he said materials on a premise that a separate licence is required of that purpose. During th 1st week of June, the 3rd respondent locked that gate of the leased premises while the Petitioner was recuperating form the injuries sustained in a Road Traffic Accident. As a result of locking down the leased premises, the functioning of 'Rainbow Marbles' is crippled as he is not able to supply the materials ordered by the customers from the leased premises where it is stoked. Hence, on 01/07/2020, the Petitioner submitted Ext.P6 Application for D&O License. Within 30 days as mandated under Rule 6 (4) of the D & O License Rules, no decision had been communicated on Ext.P6 application. Therefore, on expiry of 30 days i.e. on 30/37/2020, a license is deemed to have been issued to the Petitioner for the period specified in the application as stipulated under Rule 6(7) of the D & O License Rules.

(2.) The main contentions urged by the petitioner are as follows :

(3.) Heard Sri.Rinny Stephen Chamaparampil, learned counsel appearing for the petitioner and Sri.T.R.Rajan, learned Standing Counsel for Kayamkulam Municipality appearing for respondent Nos.1 to 3. In the nature of the orders proposed to be passed in this Writ Petition, notice to contesting respondent No.4 will stand dispensed with.