R.Anantha Kamath vs The Managing Director, Consumer Fed

Kerala High Court

R.Anantha Kamath vs The Managing Director, Consumer Fed on 20 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                 WP(C) NO. 11584 OF 2017
PETITIONER:

         R.ANANTHA KAMATH
         AGED 60 YEARS, S/O. RANAANATHA KAMATH, CC
         8/2168 B,KILIKAR ROAD, KOCHI - 682020.
         BY ADVS.
         SRI.C.R.SANISH
         SRI.KARTHIK S. ACHARYA


RESPONDENTS:

   1     THE MANAGING DIRECTOR, CONSUMER FED
         KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION
         LTD.
   2     THE EXCISE COMMISSIONER
         COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM.
   3     MATTANCHERRY ZONAL OFFICE
         COCHIN MUNICIPAL CORPORATION, REPRESENTED BY
         HEALTH OFFICER.
   4     CORPORATION OF COCHIN
         REPRESENTED BY IT SECRETARY, ERNAKULAM.
   5     REGIONAL TOWN PLANNING OFFICER
         REGIONAL TOWN PLANNING OFFICE, DISTRICT
         PLANNINGCOUNCIL SECRETARIAT, 4TH FLOOR, CIVIL
         STATION, KAKKANAD,ERNAKULAM - 682030.
   6     DIRECTOR GENERAL
         DEPARTMENT OF FIRE AND RESCUE SERVICES, KERALA
         FIRE ANDRESCUE SERVICES HEAD QUARTERS, FIRE
         FORCE JUNCTION, PULIMOOD P.O,
         THIRUVANANTHAPURAM - 695 001.
   7     SREEKANTH
         AGED 48 YEARS
         S/O.MANI, AGED 48 YEARS, CC NO- 8/947 JAWAHAR
         ROAD,PANDIKUDI, FORTKOCHI.
 WP(C)No.11584/2017
                            ..2..


          BY ADVS.
          C.N.PRABHAKARAN
          SRI.M.SASINDRAN, SC, CONSUMERFED
          SRI.B.S.SYAMANTAK, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.11584/2017
                             ..3..


                 P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.11584 of 2017
           ==========================
            Dated this the 20th day of May, 2024

                         JUDGMENT

The above writ petition is filed with following prayers:

"a) Issue a writ of mandamus or any other appropriate writ or order or direction and thereby direct the 3rd & 4th respondents to enquire into Ext. P-7 complaint lodged by petitioner and take necessary action to stop the illegal functioning of the 1st respondent's abkari shop for Vending and storage of IMFL by considering the provisions of EXT. P5 and P5(a).

b) Direct the 6th respondent to take appropriate safety measures prescribed as per Ext P4, in functioning Abkari Shop in the building bearing no. CC 8/947, Pandikudy Fort Kochi.

c)Grant such other reliefs which are just and necessary in the interest of justice"(sic)

2. The main grievance is against the alleged illegal functioning of a shop run by the 1 st respondent.

This writ petition is pending before this Court from 2017 onwards. If there is any surviving grievance to the petitioner, petitioner can file appropriate representation before the competent authority among respondents and WP(C)No.11584/2017 ..4..

the competent authority among respondents will do the needful, in accordance with law.

With the above observations, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR WP(C)No.11584/2017 ..5..

APPENDIX OF WP(C) 11584/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 25.03.2017, INTIMATING THE REJECTION FOR THE APPLICATION OF D & O LICENSE OF 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 27.03.2017 ISSUED BY 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE MANUFACTURE STORAGE AND IMPORT OF HAZARDOUS CHEMICAL RULES 1989.

EXHIBIT P4 TRUE COPY OF THE MINIMUM FIRE SAFETY GUIDELINES FOR HAZARDOUS BUILDING PRESCRIBED BY 6TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF PROVISION SHOWING STRUCTURAL PAN(GENERAL TOWN PLANNING SCHEME) FOR KOCHI SHOWING THE RELEVANT PROVISION. EXHIBIT P5(A) TRUE COPY OF THE CENTRAL CITY STRUCTURAL PLAN SHOWING THE SUB GROUP AND INDEX.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 29.03.2017 BEARING NO CFED/MD/2016-17 ISSUED BY 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 30.03.2017 FILED WITH 3RD & 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 30.03.2017 ISSUED FROM 3RD RESPONDENT.