SHANIBA v. THE STATE OF KERALA

BY ADV SRI.P.K.NIJOY BY ADV. SRI BS SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.7302 OF 2015 2 P.V.KUNHIKRISHNAN, J. ------------------------------------ W.P.(C)No.7302 of 2015 ------------------------------------- Dated this the 23rd day of January, 2024 JUDGMENT The above writ petition is filed with the following prayers;

(i) Issue a writ of certiorari quashing Exhibit P6 and all pursuant action thereof; (ii) Declare that cancellation of building Number already allotted to the petitioner, as per Exhibit P6 proceedings by the 3rd respondent is without power and authority and in violation of the relevant building rules and principles of natural justice and hence unsustainable; (iii) Issue a writ order or direction commanding the respondents to make available to the WP(C) NO.7302 OF 2015 3 petitioner all details and records of the alleged Inspection as stated in Exhibit P6 and afford reasonable opportunity to the petitioner to submit her explanation in the matter before taking any drastic steps to cancel the building number or any such other acts; And (iv) To grant any other relief that this Honourable Court may deem fit to grant in the nature and circumstances of the case and allow this Writ Petition with costs.

(SIC)

It is the case of the petitioner that, she obtained building permit and lay out approval issued by the 2nd respondent Grama Panchayat and the 4th respondent and started functioning of an auditorium by name and style “Crown Plaza” which is constructed in her property comprised in Sy.No.102/3 of Moorkkanad Village in Malappuram District. The WP(C) NO.7302 OF 2015 4 building permit was issued on 08.03.2013 and the construction was completed way back in March 2014, is the submission. The building was also numbered as VI/23 A. It is also submitted that the property tax and other fees are duly remitted by the petitioner and various bookings for wedding and other meeting purposes are received by the petitioner. But, all on a sudden, the petitioner received Ext.P6 notice ordering cancellation of building number already issued. The grievance of the petitioner is that, Ext.P6 is an order passed without giving an opportunity of hearing to the petitioner. Hence, this writ petition is filed.

Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

When this writ petition came up for consideration before this Court on 06.03.2015, this Court suspended Ext.P6 order and thereafter, when the matter came up for consideration on 22.05.2015, WP(C) NO.7302 OF 2015 5 this Court passed the following order;

Respondents seek time to file counter. Counter, if any, shall be filed within two weeks. In the meanwhile, the respondent Panchayath shall issue Ownership Certificate provisionally to the petitioner. It is made clear that the issuance of the Ownership Certificate shall be subject to the outcome of the writ petition. Post after a month in the petitions list.

Subsequently, when the matter came up for consideration on 06.07.2015, this Court passed the following order; “Heard. It is clarified that the interim order dated

22.5.2015 was to issue ownership certificate provisionally to the petitioner in respect of building No.V1/23A and not with a new building number. Therefore, the 3rd respondent is directed WP(C) NO.7302 OF 2015 6 to re-issue ownership certificate to building No. VI/23A replacing Ext.P9 provisional certificate dated 6.6.2015. This shall be done within one week. The respondents shall file counter affidavit within one month. Post after one month. Interim order is extended until further orders.”

Admittedly, Ext.P6 is an order passed without giving an opportunity of hearing to the petitioner. If that be the case, Ext.P6 order can be set aside, especially because the above order is kept in abeyance by this Court from 2015 onwards. The 3rd respondent is free to issue fresh proceedings, if there is any violation of any statutory provisions, in accordance with law. Therefore, this writ petition is disposed of with the following directions; WP(C) NO.7302 OF 2015 7 Ext.P6 order is set aside. The respondents are free to initiate

2. appropriate proceedings, if there is any violation of any statutory provisions, after giving notice to the petitioner.

3. The petitioner is free to submit application for renewal of license, in accordance with law.

4. The interim order passed by this Court on

22.05.2015 and 06.07.2015 is recorded. Sd/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO.7302 OF 2015 8 APPENDIX OF WP(C) 7302/2015 PETITIONER EXHIBITS EXT P1 : TRUE COPY OF THE PLAN OF THE AUDITORIUM. EXT P2 : TRUE COPY OF THE APPROVAL ISSUED BY THE 4TH RESPONDENT. EXT P2(A) : TRUE COPY OF ENGLISH TRANSLATION OF EXT P2. EXT P3 : TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 02-05-2014 ISSUED TO THE PETITIONER. EXT P3(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P3. EXT P4 : TRUE COPY OF THE WEDDING INVITATION CARD OF THE MARRIAGE SCHEDULED TO BE HELD ON 08-03-2015. EXT P4 (A) : TRUE COPY OF THE WEDDING INVITATION CARDS OF THE MARRIAGE SCHEDULED TO BE HELD ON 14-03-2015. EXT P4(B) : TRUE COPY OF THE WEDDING INVITATION CARD OF THE MARRIAGE SCHEDULED TO BE HELD ON 15-03-2015. EXT P5 : TRUE COPY OF THE RECEIPT ISSUED BY THE PETITIONER TO THE BOOKING PARTIES. EXT P6 : TRUE COPY OF THE PROCEEDINGS NO.A4/875/15 DATED 20-02-2015 OF THE 3RD RESPONDENT. EXT P6 (A) : TRUE COPY OF THE ENGLISH WP(C) NO.7302 OF 2015 9 TRANSLATION OF EXT P6. EXT P7 : TRUE COPY OF THE RECEIPT DATED 08-04-2014 SHOWING REMITTANCE OF PROPERTY TAX AND OTHER FEES. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE