Varghese T.J vs Changanassery Municipality
2021 Latest Caselaw 3800 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                       WP(C).No.18266 OF 2019(G)


PETITIONER:

               VARGHESE T.J.
               AGED 49 YEARS
               @ SAJI VARGHESE, S/O. DEVASSY JOSEPH, REEMS OUTDOOR
               CATERING AND BAKERY, NEAR ARAMANAPADI, CHANGANASSERY,
               KOTTAYAM DISTRICT-686101.

               BY ADVS.
               SRI.PEEYUS A.KOTTAM
               SHRI.ANSU VARGHESE

RESPONDENTS:

      1        CHANGANASSERY MUNICIPALITY,
               REPRESENTED BY ITS SECRETARY, CHANGANASSERY P.O, PIN-
               686101.

      2        ELSY ANTONY,
               AGED 72 YEARS, W/O. LATE T.C. ANCONY,
               THAIPARAMBIL HOUSE, PALACE ROAD, VAZHAPPILLY EAST
               VILLAGE, CHANGANASSERY-686101.

               R1 BY ADV. SRI.M.P.MADHAVANKUTTY, SC
               R2 BY ADV. SRI.LIJI.J.VADAKEDOM

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18266 OF 2019(G)

                                       2




                       W.P.(C) No.18266 of 2019
                    -----------------------------------------


                              JUDGMENT

The learned counsel for the petitioner submits that the writ

petition has become infructuous. In the light of the submission made

by the learned counsel for the petitioner, this writ petition is dismissed

as infructuous.

Sd/-

                                                 P.B.SURESH KUMAR

Mn                                                      JUDGE
 WP(C).No.18266 OF 2019(G)





                                APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                  THE TRUE COPY OF THE R.C.A 17/2015 FILED BY

THE PETITIONER IS PENDING BEFORE THE RENT CONTROL APPELLATE AUTHORITY, KOTTAYAM.

EXHIBIT P2 THE TRUE COPY OF THE LICENSE ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO THE PETITIONER DATED 08.05.2015.

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 10.03.2017 FOR THE YEAR 2017-18.

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 06.02.2019 FOR THE YEAR 2018-19.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 22.06.2019.

EXHIBIT P6 TRUE COPY OF THE RECEIPT BEARING NO.9353 TOWARDS THE REPRESENTATION.

EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPALITY IN THE PROPER FROM ON 27.06.2019.

EXHIBIT P8 TRUE COPY OF THE RECEIPT NO.9632 ISSUED BY THE MUNICIPALITY ACKNOWLEDGING THE ACCEPTANCE OF THE PETITIONERS APPLICATION.

EXHIBIT P9 TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 15.06.2019 FOR THE YEAR 2016-2017 TO 2019-2020.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN RC 17/2015 DATED 20/12/2019 PASSED BY THE RENT CONTROL APPELLATE AUTHORITY, KOTTAYAM

RESPONDENT'S/S EXHIBITS:

EXHIBIT R2 A THE COPY OF THE NEWS REPORT THAT APPEARED IN MALAYALA MANORAMA DAILY DATED 13.6.2019 REGARDING THE ISSUE OF SELLING FOOD ITEMS WHICH ARE NOT FIR FOR CONSUMPTION.

EXHIBIT R2 B THE COPY OF THE MAHAZAR DATED 11.6.2019 PREPARED WITH RESPECT TO THE INSPECTION CONDUCTED AT THE SHOP OF THE PETITIONER WP(C).No.18266 OF 2019(G)

EXHIBIT R2 C THE COPY OF THE PROCEEDINGS NO-H1-8786/2019 DATED 11.6.2019 OF THE SECRETARY,CHANGANACHERRY MUNICIPALITY.

EXHIBIT R2 D THE COPY OF THE REPORT DATED 11.6.2019 SUBMITTED BY THE JUNIOR HEALTH INSPECTOR,CHANGANACHERRY MUNICIPALITYN TO THE SECRETARY CHANGANACHERRY MUNICIPALITY

EXHIBIT R2 E THE COPY OF THE COMPLAINT DATED 12.6.2019 SUBMITTED BY THE SECRETARY, CHANGANACHERRY MUNICIPALITYN BEFORE THE CI OF POLICE,CHANGANACHERRY.

EXHIBIT R2 F THE COPY OF THE SETTLEMENT DEED NO-

1580/2017 OF THE SRO,CHANGANACHERRY.

EXHIBIT R1A TRUE COPY OF THE PROCEEDINGS ISSUED BY THIS RESPONDENT BEARING NO.H1-8786/2019 DATED 11/6/2019

EXHIBIT R1B TRUE COPY OF THE PROCEEDINGS PREPARED ON 11/6/2019 //TRUE COPY// PA TO JUDGE