WP(C).No.14925 OF 2017(S) -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.14925 OF 2017(S)
PETITIONER/S:
SUNEER ISMAIL
AGED 39 YEARS,S/O.P.M.ISMAIL,PUTHENCHIRA PUTHEN
VEEDU,THIRUMALA WARD,CHUNGAM,ALAPPUZHA.
BY ADV. SRI.J.OM PRAKASH
RESPONDENT/S:
1 THE KERALA STATE BEVERAGES CORPORAITON LTD
REPRESENTED BY ITS MANAGING
DIRECTOR,PALAYAM,THIRUVANANTHAPURAM-695076.
2 THE SHOP IN CHARGE
THE KERALA STATE BEVERAGES CORPORATION LTD,OUTLET
NO.04012,CHUNGAM,ALAPPUZHA PO-688502.
3 THE DISTRICT POLICE CHIEF
ALAPPUZHA PO-688501.
4 THE CIRCLE INSPECTOR OF POLICE
ALAPPUZHA SOUTH PO,PIN-688502.
5 THE ALAPPUZHA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,ALAPPUZHA PO,PIN-
688501.
R1-2 BY SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M.
AND M.
R3-4 BY GOVERNMENT PLEADER
R5 BY SHRI.R.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY
OTHER PRESENT:
SRI.T.NAVEEN, SC FOR R1 AND R2, SRI. TEK CHAND, SR
GP FOR R3 AND R4, SRI.R.AZAD BABU, SC FOR R5
WP(C).No.14925 OF 2017(S) -2-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14925 OF 2017(S) -3-
JUDGMENT
Dated this the 5th day of January, 2021 S. Manikumar, C. J.
Challenging the functioning of a beverages outlet without obtaining license from the Municipality, instant writ petition has been filed seeking the following reliefs:-
"i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondents 1 & 2 to close down the outlet functioning in the building No. 9/627 of the Alappuzha Municipality forthwith.
ii) To direct the respondents 3 & 4 to withdraw the police protection granted to the outlet of the respondents functioning in building Nos. 9/627 immediately.
iii) To direct the respondents 1 & 2 to pay the cost to the petitioner."
2. Mr. J. Omprakash M. A., learned counsel for the petitioner submitted that the writ petition has become infructuous.
WP(C).No.14925 OF 2017(S) -4-Placing on record the submission of the learned counsel for the petitioner, the writ petition is dismissed as infructuous.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE WP(C).No.14925 OF 2017(S) -5- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 24.4.2017 ISSUED BY THE 5TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 26/4/2017.