M J THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P19 communication issued by the Secretary of the 2nd respondent Municipality, directing the petitioner to pay rent at the rate of Rs.1,500/- to the rooms occupied by the petitioner and to deposit Rs.2,00,000/- each for the rooms occupied by the petitioner. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner and his father late M.O. Joseph were doing business of general merchants and commission agents under partnership in the name and style of M/s. M.J.Thomas and Company, since 31 years in the shop rooms bearing Nos.9/497(7) and 9/500(4) owned and maintained by the erstwhile Methala Grama Panchayat in accordance with the licence deed executed by and between the parties. With effect from 01.04.2011, Methala Grama Panchayat became part of Kodungallur Municipality. Petitioner's father expired on 24.01.2012 and petitioner filed Ext.P1 application for continuing the business in the two shop rooms of the 2nd respondent. As per Ext.P19, 2nd respondent permitted the petitioner to continue the business in the shop rooms by enhancing the rent to Rs.1,500/- per shop per month and to deposit an amount of Rs.2,00,000/- each towards security for the shop rooms.

(3.) The case projected by the petitioner is that, the present increase of the licence fee is more than double the existing licence fee. The 2nd respondent has collected only six months licence fee as the security deposit from all other licensees of the same shopping complex and all the licensees are paying less than Rs.1,000/- per month as licence fee. Therefore, petitioner is treated unequally at the hands of the 2nd respondent. It is also submitted that, 2nd respondent became prejudiced against the petitioner since petitioner's wife and two others filed W.P.(C) No.22918 of 2011 before this Court and secured interim stay against collection of market toll in respect of the private market maintained by the petitioners in the said writ petition.