THANIMA AGRO DEVELOPMENT SOCIETY Vs. SECRETARY, THODUPUZHA MUNICIPALITY

JUDGEMENT

(1.) The petitioner, a Society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, has filed this writ petition seeking to quash Ext.P7 and Ext.P9 notices and to declare that the word "written consent" occurring in Section 492(3) of the Kerala Municipalities Act, 1994 includes Ext.P4 Agreement with the 3rd and 4th respondents in which a consent is granted specifically for the business for which the licence is applied for.

(2.) A meeting of the petitioner-Society convened on 12.07.2020 decided to register the Society in the name "Thanima Agro Development Society, Pallipeedika" and to start a customer-friendly market in the name "Thanima 60 x 40 Customer Friendly Open Market". The 3rd respondent was the Secretary of the Society. Ext.P4 rental agreement dated 27.08.2020 was made by the Society with respondents 3 and 4, for a monthly rent of Rs. 25,000/- and it was agreed that a temporary shed will be constructed to house the Open Market. There are 28 employees working in the Open Market. As the demand of the 3rd respondent to increase the monthly rent to Rs. 50,000/- was not acceded to, the 3rd respondent resigned from the post of Secretary as per Ext.P6 on 25.11.2020, contends the petitioner.

(3.) The petitioner constructed the building in the rented premises, as agreed and submitted an application dated 16.03.2021 for licence from the 1st respondent-Secretary to the Municipality. The petitioner, apart from a copy of rental agreement, submitted consent of respondents 3 and 4 in the form of an affidavit. The 1st respondent issued Ext.P7 notice to the petitioner stating that respondents 3 and 4 have filed a complaint that their signature as contained in the affidavit is forged. The petitioner submitted Ext.P8 reply stating that the signatures are not forged and the complaint is as a retaliation to non-increasing of rent. On 23.04.2021, without adverting to Ext.P8 reply, the 1st respondent issued Ext.P9 notice directing to stop the functioning of the Open Market temporarily till a final decision is taken in the matter.