Aadit Ravi vs State Of Kerala

Citation : 2022 Latest Caselaw 7285 Ker
Judgement Date : 23 June, 2022

Kerala High Court
Aadit Ravi vs State Of Kerala on 23 June, 2022
            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                     WP(C) NO. 11119 OF 2013
PETITIONERS:

    1       AADIT RAVI
            AGED 22 YEARS
            S/O.BINDU LEKHA, RESIDING AT FIELD VIEW,
            THAVAKKARA, KANNUR 1.
    2       O.C.BINDU LEKHA
            D/O.BHASKARA, RESIDING AT FIELD VIEW,
            THAVAKKARA, KANNUR 1.
            BY ADVS.
            SRI.K.C.SANTHOSHKUMAR
            SMT.K.K.CHANDRALEKHA

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            LOCAL SELF GOVERNMENT, SECRETARIAT,
            THIRUVANATHAPURAM 695 001.
    2       KANNUR MUNICIPALITY
            REPRESENTED BY ITS SECRETARY, KANNUR 670 001.
            BY ADVS.
            SRI.K.K.CHANDRAN PILLAI (SR.)
            SMT.S.AMBILY
            SMT.M.MEENA JOHN, SC, KANNUR MUNICIPALITY

OTHER PRESENT:

            SMT.VIDYA KURIAKOSE, GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   23.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.11119/2013

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.11119 of 2013
             ----------------------------------------------
            Dated this the 23rd day of June, 2022


                              JUDGMENT

This writ petition is filed with following prayers:

i. Issue a declaration that the petitioners are entitled to continue the trade in vegetables from the premises bearing No. TV 40/27642/2012 of Kannur Municipality invoking the principles of deemed licence as provided under Section 447 and 448 of the Kerala Municipality Act. ii. To direct the respondent No. 2 not to take any coercive action against the petitioners in respect of the trade being conducted at the premises bearing No. TV 40/27642/2012 during the currency of the deemed licence acquired by the petitioners on the basis of the application bearing No. H2-27642/2012 dated 28.12.2012. iii. To grant such other and further reliefs this Hon'ble Court may deem fit and proper in the interest of justice.

(SIC)

2. When this writ petition came up for consideration, the learned Standing Counsel for the Municipality submitted W.P.(C).No.11119/2013 3 that probably the prayers in this writ petition may be infructuous. This Court is also of the view that the prayers are infructuous.

Therefore, this writ petition is dismissed as infructuous.

sd/-

                                       P.V.KUNHIKRISHNAN
JV                                            JUDGE