Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 PETITIONERS: 1 BAHULEYAN SREE LANE, SREEKARYAM, THIRUVANANTHAPURAM- 695 017. 2 SANAL KUMAR SILPA HOUSE, CHOOZHAMPALA, MUKKOLA, THIRUVANANTHAPURAM -695 014. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.SHAJIN S.HAMEED RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 CORPORATION OF THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 001. 3 SECRETARY CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM - 695 001. 4 T.KRISHNAN KUTTY AMBALATHU BHAVAN, SREEKARYAM, THIRUVANANTHAPURAM - 695 017. BY ADVS. SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION SUMAN CHAKRAVARTHY SRI.MANU V. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SMT. MARY BEENA JOSEPH -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :-2-:
JUDGMENT
The writ petition is filed challenging Ext.P17
order passed by the first respondent directing the
Secretary, Thiruvananthapuram Corporation to cancel the licence of all shoprooms owned by the petitioners and to place those shops for public auction or tender with the condition that all rooms which are sublet may be got vacated and auctioned.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the third respondent.
3. Learned Standing Counsel for the third respondent submits that the entire building was acquired for road widening and nothing survives in the writ petition.
4. Learned counsel for the petitioner submits
:-3-: that the writ petition can be closed with liberty to file fresh writ petition, if need arises. Hence, the writ petition is closed with liberty to the petitioner to file fresh writ petition if need arises. Sd/- (SHOBA ANNAMMA EAPEN) JUDGE MBS/ :-4-: APPENDIX OF WP(C) 10445/2014 PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF THE RECEIPT DATED FOR THE PERIOD 2/14 TO 3/14. EXT.P2: TRUE COPY OF THE RECEIPT DATED EXT.P3:TRUE COPY OF THE RECEIPT DATED EXT.P4:TRUE COPY OF THE RECEIPT DATED EXT.P5:TRUE COPY OF THE RECEIPT DATED EXT.P6: TRUE COPY OF THE RECEIPT DATED CONDUCTING THE BUSINESS IN GF4. EXT.P7: TRUE COPY OF THE RECEIPT DATED CONDUCTING THE BUSINESS IN GF9. EXT.P8: TRUE COPY OF THE RECEIPT DATED CONDUCTING THE BUSINESS IN B1. EXT.P9: TRUE COPY OF THE RECEIPT DATED CONDUCTING THE BUSINESS IN B7. EXT.P10: TRUE COPY OF THE RECEIPT
:-5-:
DATED 30/11/2013 EVIDENCING THE PAYMENT OF RS.33,228/- TOWARDS RENT FOR THE PERIOD FROM 2/13 TO 11/13 AND LICENCE FEES. EXT.P11: TRUE COPY OF THE RECEIPT DATED 7/1/2013 SHOWING THE PAYMENT OF SECURITY DEPOSIT FOR THE YEAR 2012- 2013 BY THE 2ND PETITIONER. EXT.P12: TRUE COPY OF THE RECEIPT DATED 7/1/2013 SHOWING THE PAYMENT OF LICENCE FEE FOR THE YEAR 2013-2014 BY THE 2ND PETITIONER. EXT.P13: TRUE COPY OF THE NOTICE NO.SZ/B2/H1/607/2013 DATED 5/2/2013 OF THE SUPERINTENDENT, ZONAL OFFICE, SREEKARYAM.
EXT.P14: TRUE COPY OF THE JUDGMENT
DATED 29/5/2013 OF THIS HON'BLE COURT IN WPC NO.5286/2013. EXT.P15: TRUE COPY OF THE NOTICE NO.SZO/A2/2105/2013 DATED 9/7/2013 OF THE 3RD RESPONDENT. EXT.P16: TRUE COPY OF THE DECISION NO.1(4) DATED 31/8/2013 OF THE COUNSE. EXT.P17: TRUE COPY OF THE G.O.(RT) NO.717/14/LSGD DATED 10/3/2014.