Kerala High Court
O.J.Joseph vs Chengannur Municipality on 8 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 30502 OF 2024 1 2025:KER:66486
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(C) NO. 30502 OF 2024
PETITIONER/S:
O.J.JOSEPH,
AGED 60 YEARS
S/O.JOSEPH,URUVANCHIYIL HOUSE, CHENGANNUR ALAPPUZHA
DISTRICT, PIN - 689122
BY ADVS.
SRI.V.PHILIP MATHEWS
SMT.ABIYA MARIYAM MATHEW
SMT.ATHULYA SEBASTIAN
RESPONDENT/S:
1 CHENGANNUR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY CHENGANNUR P.O,
ALAPPUZHA, PIN - 689121
2 SECRETARY,
CHENGANNUR MUNICIPALITY CHENGANNUR P.O, ALAPPUZHA,
PIN - 689121
3 CLEAN CITY MANAGER ,
CHENGANNUR MUNICIPALITY, CHENGANNUR P.O, ALAPPUZHA,
PIN - 689121
4 JIJI JOHN ,
AGED 48 YEARS
W/O.P.T.JOHN , PULIKKOTTIL VEETTIL CHENGANNUR P.O,
ALAPPUZHA DISTRICT, PIN - 689121
5 P.T.JOHN,
AGED 60 YEARS
S/O.P.N.THENCHAN,PULIKKOTTIL VEETTIL, CHENGANNUR
WP(C) NO. 30502 OF 2024 2 2025:KER:66486
P.O,ALAPPUZHA DISTRICT, PIN - 689121
6 ACHAMMA ALEXANDER ,
AGED 88 YEARS
W/O.ALEXANDER PULLAMVILAYIL ALEX VILLA VANMAZHI,
PANDANAD P.O,CHENGANNUR, ALAPPUZHA, PIN - 689506
7 SARAMMA THOMAS ,
AGED 82 YEARS
W/O. THOMAS JACOB , T.C. 13/2170-4, KVR 251 B HOUSE
VANCHIYOOR,P.O, THIRUVANTHAPURAM, PIN - 695035
8 STATE OF KERALA ,
REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
(URBAN) DEPARTMENT , KERALA GOVERNMENT SECRETARIATE,
ROOM NO.201A,2ND FLOOR,ANNEX1,SECRETARIAT
THIRUVANTHAPURAM, PIN - 695001
BY ADVS.
SHRI.V.N.HARIDAS
SRI.K.S.HARIHARAPUTHRAN
SMT.PINKU MARIAM JOSE
SMT.K.M.FATHIMA
SR GP SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30502 OF 2024 3 2025:KER:66486
C.S.DIAS, J.
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WP(C) No.30502 OF 2024
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Dated this the 8th day of September, 2025
JUDGMENT
The petitioner is conducting a foreign currency transfer business as per Ext.P1 license issued by the Reserve Bank of India in a shop room belonging to the respondents 6 and 7. Pursuant to the complaint filed by the respondents 4 and 5, the 2nd respondent has issued Exts.P9 and P11 notices, directing the petitioner to apply for license from the 1st respondent - Municipality or close down the business. Even though the petitioner has submitted Exts.P10 and P12 replies to Exts.P9 and P11 notices, no action has been taken in the matter. Subsequently, the petitioner has submitted Ext. P13 online application for obtaining the license, and has also submitted Ext.P14 representation to the 2 nd respondent. Nonetheless, Ext.P13 application cannot be uploaded due to the disputes between the petitioner and the party WP(C) NO. 30502 OF 2024 4 2025:KER:66486 respondents. Exts.P9 and P11 notices are unsustainable in law. The petitioner does not require any license from the Municipality to run the foreign currency business. Hence, the writ petition.
2. The respondents 1 to 3 have filed a counter affidavit, inter alia, contenting that the petitioner has to obtain a IFTOS license from the Municipality to run the business. It was in the said background that Ext.P9 notice was issued to the petitioner. As Ext.P10 reply was unsatisfactory, Ext.P11 notice was again issued. The writ petition is meritless and may be dismissed.
3. Heard; the learned counsel for the petitioner, the learned Standing Counsel appearing for the respondents 1 to 3, the learned counsel appearing for the respondents 4 to 7 and the learned Government Pleader for the 8th respondent.
4. It is not in dispute that Exts.P9 and P11 are only notices, and the petitioner has already submitted Exts.P10 and P12 replies to the said notices. Moreover, WP(C) NO. 30502 OF 2024 5 2025:KER:66486 the petitioner has also submitted Ext.P14 representation to the 2nd respondent, explaining his stand. In the aforesaid circumstances, I do not find any convincing ground to quash Exts.P9 and P11 notices. Instead, I am of the definite view that the 2nd respondent be directed to finalise the proceedings pursuant to Exts.P9 and P11 notices, after affording the petitioner and the party respondents an opportunity of being heard and after considering Exts.P10 and P12 replies and Ext.P14 representation.
Accordingly, I dispose of the writ petition, by directing the 2nd respondent to finalise Exts.P9 and P11 notices, after considering Exts.P10 and P12 replies and Ext.P14 representation, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy of the judgment, after affording the petitioner and the party respondents an opportunity of being heard. It is made clear that this Court has not expressed anything on the merits of the WP(C) NO. 30502 OF 2024 6 2025:KER:66486 matter in dispute. Nevertheless, until such time orders are passed pursuant to Exts.P9 and P11 notices, the interim order dated 30.08.2024 shall continue to remain in force.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE SCB.08.09.25.
WP(C) NO. 30502 OF 2024 7 2025:KER:66486
APPENDIX OF WP(C) 30502/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LICENSE NO.
FE.KOC.FFMC.35/2005 DATED 21-02-2005 ISSUED FROM THE RESERVE BANK OF INDIA, FOREIGN EXCHANGE DEPARTMENT.
Exhibit P2 TRUE COPY OF BILL NO. 390 DATED 03-09-2019 ISSUED FROM THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF RECEIPT NO. 84790 DATED 04-09- 2019 ISSUED FROM THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF RECEIPT NUMBER 113908 DATED 25-09-2023 ISSUED FROM THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF RECEIPT NUMBER 114651 DATED 19-2-2024 ISSUED FROM THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF RECEIPT NUMBER 117728 DATED 31-5-2024 ISSUED FROM THE 1ST RESPONDENT REGARDING COLLECTION OF USER FEE BY "HARITHA KARMA SENA "
Exhibit P7 TRUE COPY OF INJUNCTION ORDER DATED 25-8- 2023 IN I.A.NO. 1/2023 IN O.S.NO. 23/2023 ON THE FILE OF SUB- COURT ,CHENGANNUR Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 6-3-2024 IN W.P.(C) NO.6134 OF 2024 Exhibit P9 TRUE COPY OF THE NOTICE H1/2024 DATED 20-5- 2024 FROM THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE REPLY DATED 19-6-2024 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT Exhibit P11 TRUE COPY OF NOTICE NUMBER H1- 1474581/2024 DATED 19-8-2024 FROM 3RD IN THE FORM OF NOTICES Exhibit P12 TRUE COPY OF THE REPLY DATED 23-8-2024 FROM PETITIONER TO THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE UNFILLED APPLICATION FORM DOWNLOADED FROM THE WEBSITE OF THE 1ST RESPONDENT MUNICIPALITY Exhibit P14 TRUE COPY OF THE APPLICATION DATED 24-8- 2024 SEND BY THE PETITIONER TO THE 2ND RESPONDENT