IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 22595 OF 2021
PETITIONER/S:
HAZEENA SHAJI, AGED 43 YEARS
W/O. SHAJI SALIM, RESIDING IN THE ADDRESS
ELAVUNKAL MOULANA HOUSE, KOTTAYAM P.O., KOTTAYAM
DISTRICT NOW RESIDING AT PALATHINKAL HOUSE,
KADAVUL, OLD VALLAM ROAD, PERUMBAVOOR, ERNAKULAM
DISTRICT-683 542.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE
SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL
SELF GOVERNMENT INSTITUTIONS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O.,
THIRUVANANTHAPURAM DISTRICT-695 001.
2 THE KOTTAYAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY, KOTTAYAM P.O.,
KOTTAYAM DISTRICT-686 001.
3 THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL
BUILDING,KOTTAYAM P.O.KOTTAYAM DISTRICT-686 001.
4 N.A. ABDUL SALAM, AGED 58 YEARS
S/O. AMMUKUNJU, RESIDING IN THE ADDRESS
NEDUMPURAKKAL HOUSE, KOTTAYAM WEST P.O.,
KARAPUZHA KARA, VELLOOR VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT-686 003.
BY ADVS.
SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY
A.RAJASIMHAN
VYKHARI.K.U
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 22595 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 22595 of 2021
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Dated this the 8th day of June, 2022
JUDGMENT
The main prayer in this writ petition is to issue appropriate direction to respondents 2 and 3 to initiate action against the 4 th respondent, who is conducting an illegal business in the form of a hotel in the premises.
2. Today, when the matter came up for consideration, the counsel appearing for the petitioner and the 4 th respondent submitted that the hotel business is not functioning. In the light of the same, nothing survives in this case.
Recording the submission, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -3- W.P.(C). No. 22595 of 2021 APPENDIX OF WP(C) 22595/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN OS NO.231 OF 21 ON THE FILE OF THE MUNSIFF COURT, KOTTAYAM FILED DATED 25.3.21. Exhibit P2 A TRUE COPY OF THE ORDER PASSED IN IA NO.1 OF 21 IN OS NO.231 OF 21 ON THE FILE OF THE ADDL. MUNSIFF COURT, VIS- II, KOTTAYAM DATED 26.3.21.
Exhibit P3 A TRUE COPY OF THE DOCUMENT EXECUTED BY THE FOURTH RESPONDENT DATED 1.1.12. Exhibit P4 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE KOTTAYAM MUNICIPALITY DATED 23.3.21.
Exhibit P5 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 24.6.21.
Exhibit P6 A TRUE COPY OF THE RECEIPT ISSUED BY THE THIRD RESPONDENT DATED 24.6.21. Exhibit P7 A TRUE COPY OF THE INTIMATION GIVEN BY THE THIRD RESPONDENT DATED 8.6.21. Exhibit P8 A TRUE COPY OF THE DISPUTED DOCUMENT DATED 7.2.17.
Exhibit P9 TRUE COPY OF THE NOTICE FROM 2ND RESPONDENT TO THE PETITIONER DATED 08/06/2021.
Exhibit P10 TRUE COPY OF THE LETTER FROM THEE OFFICE OF THE ASSISTANT COMMISSIONER OF FOOD SAFETY KOTTAYAM TO THE PETITIONER DATED 13/05/2022. Exhibit P11 A TRUE COPY OF THE REPLY DATED 13/05/2022 FROM THE OFFICE OF THE ASSISTANT COMMISSIONER OF FOOD SAFETY KOTTAYAM TO THE PETITIONER BASED ON THE APPLICATION DATED 12/05/2022.