JUDGMENT

The petitioner challenges Ext.P10 order dated 03.07.2023 issued by the Municipality alleging unauthorised construction, lack of sufficient parking and also a change of occupancy. The petitioner submits that he gave a reply to the same pursuant to which, the Municipality had issued Ext.R1(h) order on 25.07.2023, which referred to Section 406(3) order earlier issued by the Municipality and further stated that the petitioner is running a business without any licence and granted 14 days to him to obtain a licence.

2. The Municipality submits that no licence/ renewal is granted to the licence issued on 14.02.2022 to the petitioner.

3. Though the petitioner submits that he has submitted a regularisation application as Ext.P11, the same in styled as an application for a building permit.

In the said circumstances, I am not inclined to grant any relief to the petitioner. However, I make it clear that it will be open to the petitioner to apply for a proper licence for conducting any activity in the building in question. It will also be open to the petitioner to challenge Ext.P10 order before the Tribunal for Local Self-Government Institutions. The time spent from 16.08.2023, the date of filing of this writ petition, till the date of this judgment shall be excluded for the purpose of computing the period of limitation. Till the petitioner obtains a licence to carry on any activity, he shall not use the conference hall/auditorium for any purpose.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE bng APPENDIX OF WP(C) 27358/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE NO: E3 -22323/29 DATED 23.11.2019 ISSUED TO THE PETITIONER BY THE ASSISTANT ENGINEER OF PONNANI MUNICIPALITY EXHIBIT P2 THE PROPERTY TAX ASSESSMENT DATED

06.12.2019 ISSUE TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE LICENSE NO:130210012100926 DATED 14.02.2022 EXHIBIT P4 TRUE COPY OF THE NOTICE NO: E3-BA-140/19-

20 DATED 11.11.2022 ISSUED BY THE SECRETARY PONNANI MUNICIPALITY TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE ORDER NO: E3 –

140/19-20 DATED 06.01.2023 ISSUED BY THE SECRETARY – PONNANI MUNICIPALITY UNDER SECTION 406(1) OF THE KERALA MUNICIPALITIES ACT-1994 TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE NOTICE NO: E3 –

140/19-20 DATED 06.01.2023 ISSUED BY THE SECRETARY – PONNANI MUNICIPALITY UNDER SECTION 406(2) OF THE KERALA MUNICIPALITIES ACT-1994 EXHIBIT P7 TRUE COPY OF THE LICENSE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE SECRETARY MOUNATHUL ISLAM ASSOCIATION FOR 01.08.2023 TO 30.06.2024 EXHIBIT P8 TRUE COPY OF THE CONSENT TO OPERATE NO:

PCB/MLPM/ICO/11918/2023 DATED 22.02.2023 EXHIBIT P9 TRUE COPY OF THE LICENSE NO:

130210012300324 DATED 02.06.2023 ISSUED TO THE PETITIONER FROM PONNANI MUNICIPALITY FOR LIGHT & SOUND AND CATERING SERVICE EXHIBIT P10 TRUE COPY OF ORDER NO: E3 – 140/19-

20 DATED 03.07.2023 UNDER SECTION 406(3) OF THE KERALA MUNICIPALITIES ACT-1994 ISSUED BY THE SECRETARY OF PONNANI MUNICIPALITY EXHIBIT P11 TRUE COPY OF THE RECEIPT NO: 14126 DATED

02.08.2023 OF APPLICATION FOR BUILDING PERMIT EXHIBIT P12 TRUE COPY OF THE RECEIPT NO:

01/123050103994 DATED 02.08.2023 OF PAYMENT OF FEES RESPONDENTS ANNEXURES/EXHIBITS ANNEXURE R1(A). A TRUE COPY OF THE NOTICE DATED

29.11.2022 ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER.

ANNEXURE R1(B) A TRUE COPY OF THE REPLY TO THE ANNEXURE R1 (A) NOTICE ISSUED BY THE MUNICIPALITY DATED 01.12.2022 ANNEXURE R1(C) A TRUE COPY OF THE NOTICE DATED

06.01.2023 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.

ANNEXURE R1(D) A TRUE COPY OF NOTICE ISSUED BY THE MUNICIPALITY TO THE PETITIONER DATED10.02.2023 .

ANNEXURE R1(E) A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE MUNICIPALITY DATED

22.02.2023 .

ANNEXURE R1(F) A TRUE COPY OF THE STATEMENT BY THE PETITIONER TO THE MUNICIPALITY ANNEXURE R1(G) A TRUE COPY OF THE COMMUNICATION DATED

03.07.2023 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.

ANNEXURE R1(H) A TRUE COPY OF THE COMMUNICATION DATED

25.07.2023 ISSUED BY THE MU