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2025 DAILYLAW 4409 (KER)

K.T. SIRAJ, v. KOZHIKODE CORPORATION,

WP(C)/9944/2025 · 2025-03-14

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26587 WP(C) No.9944 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 9944 OF 2025 PETITIONER/S: K.T. SIRAJ, AGED 50 YEARS S/O. MOIDEEN, KANAKOVIL THAZHAM, KARAPARAMBU, KOZHIKODE, PIN - 673010 BY ADVS. ARUN KRISHNA DHAN ARJUN SREEDHAR T.K.SANDEEP ALEX ABRAHAM HARIKRISHNAN P.B. AMJITH C.M. SREELAKSHMI SHIBU RESPONDENT/S: 1 KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, KOZHIKODE BEACH P.O., KOZHIKODE, PIN - 673032 2 HEALTH OFFICER, KOZHIKODE CORPORATION, KOZHIKODE BEACH P.O., KOZHIKODE, PIN - 673010 OTHER PRESENT: Shri.V.Krishna Menon, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26587 WP(C) No.9944 OF 2025 2 J U D G M E N T This writ petition is filed by the petitioner challenging Ext.P2 notice issued by the Corporation by which the petitioner was required to obtain licence for the establishment run by him. The specific case is that, the petitioner had obtained Ext.P1 acknowledgment certificate under the provisions of Kerala Micro Small, and Medium Enterprises Facilitation Rules 2020 to set up the enterprise and he is exempted from the licence from the Municipality. 2. Today, when the matter came up for consideration, the learned Standing Counsel for the Municipality submitted that, at the time of issuance of Ext.P2 notice, the Municipality was not aware of the Ext.P1 acknowledgment certificate and therefore, they do not intend to pursue Ext.P2 . In such circumstances, this writ petition is closed. However, it is clarified that, this will not preclude the Municipality from conducting necessary inspection in the premises of the petitioner for the purpose of ensuring the compliance of the statutory requirements, as permitted by law. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/27.03 2025:KER:26587 WP(C) No.9944 OF 2025 3 APPENDIX OF WP(C) 9944/2025 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE BEARING NO. KLMSME-352/2025 ISSUED ON 06-01- 2025 EXHIBIT-P2 A TRUE COPY OF THE NOTICE NO.02/C4/2025 DATED 14-01-2025 ISSUED TO THE PETITIONER EXHIBIT-P3 A TRUE COPY OF THE REPLY DATED 20-01-2025 ALONG WITH POSTAL RECEIPT SUBMITTED BY THE PETITIONER EXHIBIT-P4 A TRUE COPY OF THE KERALA MICRO SMALL AND MEDIUM ENTERPRISES FACILITATION ACT 2019 EXHIBIT-P5 A TRUE COPY OF THE KERALA MICRO SMALL AND MEDIUM ENTERPRISES FACILITATION RULES. 2020 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE